470 
6110.20.1026, 6110.20.2067, or 6110.90.9067 
of the HTS. 
(C) CATEGORY 339.—An article in category 
339 (relating to women’s and girls’ cotton knit 
shirts and blouses) if the article is a knit-to- 
shape garment that meets the definition in-
cluded in Statistical Note 6 to Chapter 61 of 
the HTS, and is provided for in subheading 
6110.20.1031, 6110.20.2077, or 6110.90.9071 
of the HTS. 
(D) CATEGORY
359.—An article in cat-
egory 359 (relating to other cotton apparel) ex-
cept swimwear provided for in subheading 
6112.39.0010, 6112.49.0010, 6211.11.8010, 
6211.11.8020, 6211.12.8010, or 6211.12.8020 
of the HTS. 
(E) CATEGORY 632.—An article in category 
632 (relating to man-made fiber hosiery) if the 
article is panty hose provided for in subheading 
6115.21.0020 of the HTS. 
(F) CATEGORY 638.—An article in category 
638 (relating to men’s and boys’ man-made 
fiber knit shirts) if the article is a knit-to-shape 
garment that meets the definition included in 
Statistical Note 6 to Chapter 61 of the HTS,
471 
and 
is 
provided 
for 
in 
subheading 
6110.30.2051, 6110.30.3051, or 6110.90.9079 
of the HTS. 
(G) CATEGORY 639.—An article in category 
639 (relating to women’s and girls’ man-made 
fiber knit shirts and blouses) if the article is a 
knit-to-shape garment that meets the definition 
included in Statistical Note 6 to Chapter 61 of 
the HTS, and is provided for in subheading 
6110.30.2061, 6110.30.3057, or 6110.90.9081 
of the HTS. 
(H) CATEGORY
647.—An article in cat-
egory 647 (relating to men’s and boys’ man- 
made fiber trousers) if the article is ski/ 
snowboard pants that meets the definition in-
cluded in Statistical Note 4 to Chapter 62 of 
the HTS, and is provided for in subheading 
6203.43.3510, 6210.40.5031, or 6211.20.1525 
of the HTS. 
(I) CATEGORY 648.—An article in category 
648 (relating to women’s and girls’ man-made 
fiber trousers) if the article is ski/snowboard 
pants that meets the definition included in Sta-
tistical Note 4 to Chapter 62 of the HTS, and
472 
is provided for in subheading 6204.63.3010, 
6210.50.5031, or 6211.20.1555 of the HTS. 
(J) CATEGORY 659.—An article in category 
659 (relating to other man-made fiber apparel) 
except for swimwear provided for in subheading 
6112.31.0010, 6112.31.0020, 6112.41.0010, 
6112.41.0020, 6112.41.0030, 6112.41.0040, 
6211.11.1010, 6211.11.1020, 6211.12.1010, or 
6211.12.1020 of the HTS. 
(K) CATEGORY
666.—An article in cat-
egory 666 (relating to other man-made fiber 
furnishings) except for window shades and win-
dow 
blinds 
provided 
for 
in 
subheading 
6303.12.0010 or 6303.92.2030 of the HTS. 
(4) CERTAIN OTHER ARTICLES.—The article is 
the product of 1 or more Reconstruction Oppor-
tunity Zones and falls within the scope of 1 of the 
following statistical reporting numbers of the HTS 
(as in effect on September 1, 2007): 
4202.12.8010 .................
6210.20.3000 ................
6304.99.1000 
4202.12.8050 .................
6210.20.7000 ................
6304.99.2500 
4202.22.4010 .................
6210.30.3000 ................
6304.99.4000 
4202.22.7000 .................
6210.30.7000 ................
6304.99.6030 
4202.22.8070 .................
6210.40.3000 ................
6306.22.9010 
4202.92.3010 .................
6210.40.7000 ................
6306.29.1100 
4202.92.6010 .................
6210.50.3000 ................
6306.29.2100 
4202.92.9010 .................
6210.50.7000 ................
6306.40.4100 
4202.92.9015 .................
6211.20.0810 ................
6306.40.4900 
5601.29.0010 .................
6211.20.0820 ................
6306.91.0000 
5702.39.2090 .................
6211.32.0003 ................
6306.99.0000 
5702.49.2000 .................
6211.33.0003 ................
6307.10.2030 
5702.50.5900 .................
6211.42.0003 ................
6307.20.0000 
5702.99.2000 .................
6211.43.0003 ................
6307.90.7200 
5703.90.0000 .................
6212.10.3000 ................
6307.90.7500 
5705.00.2090 .................
6212.10.7000 ................
6307.90.8500 
6108.22.1000 .................
6212.90.0050 ................
6307.90.8950
473 
6111.90.7000 .................
6213.90.0500 ................
6307.90.8985 
6113.00.1005 .................
6214.10.1000 ................
6310.90.1000 
6113.00.1010 .................
6216.00.0800 ................
6406.99.1580 
6113.00.1012 .................
6216.00.1300 ................
6501.00.6000 
6115.29.4000 .................
6216.00.1900 ................
6502.00.2000 
6115.30.1000 .................
6216.00.2600 ................
6502.00.4000 
6115.99.4000 .................
6216.00.3100 ................
6502.00.9060 
6116.10.0800 .................
6216.00.3500 ................
6504.00.3000 
6116.10.1300 .................
6216.00.4600 ................
6504.00.6000 
6116.10.4400 .................
6217.10.1010 ................
6504.00.9045 
6116.10.6500 .................
6217.10.8500 ................
6504.00.9075 
6116.10.9500 .................
6301.90.0020 ................
6505.10.0000 
6116.92.0800 .................
6302.29.0010 ................
6505.90.8015 
6116.93.0800 .................
6302.39.0020 ................
6505.90.9050 
6116.99.3500 .................
6302.59.3010 ................
6505.90.9076 
6117.10.4000 .................
6302.99.1000 ................
9404.90.2000 
6117.80.3010 .................
6303.99.0030 ................
9404.90.8523 
6117.80.8500 .................
6304.19.3030 ................
9404.90.9523 
6210.10.2000 .................
6304.91.0060 ................
9404.90.9570 
6210.10.7000 
(c) RULES OF ORIGIN FOR CERTAIN COVERED ARTI-
CLES.— 
(1) GENERAL RULES.—Except with respect to 
an article listed in paragraph (2) of subsection (b), 
duty-free treatment may be proclaimed for an article 
listed in subsection (b) only if the article is imported 
directly into the customs territory of the United 
States from a Reconstruction Opportunity Zone 
and— 
(A) the article is wholly the growth, prod-
uct, or manufacture of 1 or more Reconstruc-
tion Opportunity Zones; 
(B) the article is a yarn, thread, twine, 
cordage, rope, cable, or braiding, and— 
(i) the constituent staple fibers are 
spun in; or
474 
(ii) the continuous filament fiber is 
extruded in, 
1 or more Reconstruction Opportunity Zones; 
(C) the article is a fabric, including a fab-
ric classifiable under chapter 59 of the HTS, 
and the constituent fibers, filaments, or yarns 
are woven, knitted, needled, tufted, felted, en-
tangled, or transformed by any other fabric- 
making process in 1 or more Reconstruction 
Opportunity Zones; or 
(D) the article is any other textile or ap-
parel article that is cut (or knit-to-shape) and 
sewn or otherwise assembled in 1 or more Re-
construction Opportunity Zones from its compo-
nent pieces. 
(2) SPECIAL RULES.— 
(A) CERTAIN MADE-UP ARTICLES, TEXTILE 
ARTICLES IN THE PIECE, AND CERTAIN OTHER 
TEXTILES AND TEXTILE ARTICLES.—Notwith-
standing paragraph (1)(D) and except as pro-
vided in subparagraphs (C) and (D) of this 
paragraph, subparagraph (A), (B), or (C) of 
paragraph (1), as appropriate, shall determine 
whether a good that is classifiable under 1 of 
the following headings or subheadings of the
475 
HTS shall be considered to meet the rules of 
origin of this subsection: 5609, 5807, 5811, 
6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 
6304, 6305, 6306, 6307.10, 6307.90, 6308, 
and 9404.90. 
(B) CERTAIN
KNIT-TO-SHAPE
TEXTILES 
AND
TEXTILE
ARTICLES.—Notwithstanding 
paragraph (1)(D) and except as provided in 
subparagraphs (C) and (D) of this paragraph, 
a textile or apparel article that is wholly formed 
on seamless knitting machines or by hand-knit-
ting in 1 or more Reconstruction Opportunity 
Zones shall be considered to meet the rules of 
origin of this subsection. 
(C) CERTAIN
DYED
AND
PRINTED
TEX-
TILES
AND
TEXTILE
ARTICLES.—Notwith-
standing paragraph (1)(D), an article classifi-
able under subheading 6117.10, 6213.00, 
6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 
6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 
6303.99, 
6304.19, 
6304.93, 
6304.99, 
9404.90.85, or 9404.90.95 of the HTS, except 
for an article classifiable under 1 of such sub-
headings as of cotton or of wool or consisting 
of fiber blends containing 16 percent or more
476 
by weight of cotton, shall be considered to meet 
the rules of origin of this subsection if the fab-
ric in the article is both dyed and printed in 1 
or more Reconstruction Opportunity Zones, and 
such dyeing and printing is accompanied by 2 
or more of the following finishing operations: 
bleaching, shrinking, fulling, napping, decating, 
permanent stiffening, weighting, permanent em-
bossing, or moireing. 
(D) FABRICS OF SILK, COTTON, MAN-MADE 
FIBER, 
OR
VEGETABLE
FIBER.—Notwith-
standing paragraph (1)(C), a fabric classifiable 
under the HTS as of silk, cotton, man-made 
fiber, or vegetable fiber shall be considered to 
meet the rules of origin of this subsection if the 
fabric is both dyed and printed in 1 or more 
Reconstruction Opportunity Zones, and such 
dyeing and printing is accompanied by 2 or 
more of the following finishing operations: 
bleaching, shrinking, fulling, napping, decating, 
permanent stiffening, weighting, permanent em-
bossing, or moireing. 
(d) RULES
OF ORIGIN
FOR COVERED ARTICLES 
THAT ARE PRODUCTS OF 1 OR MORE RECONSTRUCTION 
OPPORTUNITY ZONES IN AFGHANISTAN.—
477 
(1) GENERAL
RULES.—Duty-free treatment 
may be proclaimed for an article listed in paragraph 
(2) of subsection (b) only if the article is imported 
directly into the customs territory of the United 
States from a Reconstruction Opportunity Zone in 
Afghanistan and— 
(A) the article is wholly the growth, prod-
uct, or manufacture of 1 or more Reconstruc-
tion Opportunity Zones in Afghanistan; 
(B) the article is a yarn, thread, twine, 
cordage, rope, cable, or braiding, and— 
(i) the constituent staple fibers are 
spun in; or 
(ii) the continuous filament fiber is 
extruded in, 
1 or more Reconstruction Opportunity Zones in 
Afghanistan; 
(C) the article is a fabric, including a fab-
ric classifiable under chapter 59 of the HTS, 
and the constituent fibers, filaments, or yarns 
are woven, knitted, needled, tufted, felted, en-
tangled, or transformed by any other fabric- 
making process in 1 or more Reconstruction 
Opportunity Zones in Afghanistan; or
478 
(D) the article is any other textile or ap-
parel article that is cut (or knit-to-shape) and 
sewn or otherwise assembled in 1 or more Re-
construction Opportunity Zones in Afghanistan 
from its component pieces. 
(2) SPECIAL RULES.— 
(A) CERTAIN MADE-UP ARTICLES, TEXTILE 
ARTICLES IN THE PIECE, AND CERTAIN OTHER 
TEXTILES AND TEXTILE ARTICLES.—Notwith-
standing paragraph (1)(D) and except as pro-
vided in subparagraphs (C) and (D) of this 
paragraph, subparagraph (A), (B), or (C) of 
paragraph (1), as appropriate, shall determine 
whether a good that is classifiable under 1 of 
the following headings or subheadings of the 
HTS shall be considered to meet the rules of 
origin of this subsection: 5609, 5807, 5811, 
6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 
6304, 6305, 6306, 6307.10, 6307.90, 6308, 
and 9404.90. 
(B) CERTAIN
KNIT-TO-SHAPE
TEXTILES 
AND
TEXTILE
ARTICLES.—Notwithstanding 
paragraph (1)(D) and except as provided in 
subparagraphs (C) and (D) of this paragraph, 
a textile or apparel article that is wholly formed
479 
on seamless knitting machines or by hand-knit-
ting in 1 or more Reconstruction Opportunity 
Zones in Afghanistan shall be considered to 
meet the rules of origin of this subsection. 
(C) CERTAIN
DYED
AND
PRINTED
TEX-
TILES
AND
TEXTILE
ARTICLES.—Notwith-
standing paragraph (1)(D), an article classifi-
able under subheading 6117.10, 6213.00, 
6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 
6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 
6303.99, 
6304.19, 
6304.93, 
6304.99, 
9404.90.85, or 9404.90.95 of the HTS, except 
for an article classifiable under 1 of such sub-
headings as of cotton or of wool or consisting 
of fiber blends containing 16 percent or more 
by weight of cotton, shall be considered to meet 
the rules of origin of this subsection if the fab-
ric in the article is both dyed and printed in 1 
or more Reconstruction Opportunity Zones in 
Afghanistan, and such dyeing and printing is 
accompanied by 2 or more of the following fin-
ishing operations: bleaching, shrinking, fulling, 
napping, 
decating, 
permanent 
stiffening, 
weighting, permanent embossing, or moireing.
480 
(D) FABRICS OF SILK, COTTON, MAN-MADE 
FIBER
OR
VEGETABLE
FIBER.—Notwith-
standing paragraph (1)(C), a fabric classifiable 
under the HTS as of silk, cotton, man-made 
fiber, or vegetable fiber shall be considered to 
meet the rules of origin of this subsection if the 
fabric is both dyed and printed in 1 or more 
Reconstruction Opportunity Zones in Afghani-
stan, and such dyeing and printing is accom-
panied by 2 or more of the following finishing 
operations: bleaching, shrinking, fulling, nap-
ping, decating, permanent stiffening, weighting, 
permanent embossing, or moireing. 
(e) REGULATIONS.—The Secretary of the Treasury, 
after consultation with the United States Trade Rep-
resentative, shall prescribe such regulations as may be 
necessary to carry out this section. 
SEC. 406. PROTECTIONS AGAINST UNLAWFUL TRANS-
SHIPMENT. 
(a) DUTY-FREE TREATMENT CONDITIONED ON EN-
FORCEMENT MEASURES.— 
(1) IN GENERAL.—The duty-free treatment de-
scribed in section 405 shall not be provided to cov-
ered articles that are imported from a Reconstruc-
tion Opportunity Zone in a country unless the Presi-
481 
dent determines that country meets the following 
criteria: 
(A) The country has adopted— 
(i) an effective visa or electronic cer-
tification system; and 
(ii) domestic laws and enforcement 
procedures applicable to covered articles to 
prevent unlawful transshipment of the arti-
cles and the use of false documents relat-
ing to the importation of the articles into 
the United States. 
(B) The country has enacted legislation or 
promulgated regulations that would permit U.S. 
Customs and Border Protection verification 
teams to have the access necessary to inves-
tigate thoroughly allegations of unlawful trans-
shipment through such country. 
(C) The country agrees to provide U.S. 
Customs and Border Protection with a monthly 
report on shipments of covered articles from 
each producer of those articles in a Reconstruc-
tion Opportunity Zone in that country. 
(D) The country will cooperate fully with 
the United States to address and take action 
necessary to prevent circumvention, as de-
482 
scribed in Article 5 of the Agreement on Tex-
tiles and Clothing. 
(E) The country agrees to require each 
producer of a covered article in a Reconstruc-
tion Opportunity Zone in that country to reg-
ister with the competent government authority, 
to provide that authority with the following in-
formation, and to update that information as 
changes occur: 
(i) The name and address of the pro-
ducer, including the location of all textile 
or apparel facilities owned or operated by 
that producer in Afghanistan or Pakistan. 
(ii) The telephone number, facsimile 
number, and electronic mail address of the 
producer. 
(iii) The names and nationalities of 
the producer’s owners, directors, and cor-
porate officers, and their positions. 
(iv) The number of employees the pro-
ducer employs and their occupations. 
(v) A general description of the cov-
ered articles of the producer and the pro-
ducer’s production capacity.
483 
(vi) The number and type of machines 
the producer uses to produce textile or ap-
parel articles at each facility. 
(vii) The approximate number of 
hours the machines operate per week. 
(viii) The identity of any supplier to 
the producer of textile or apparel goods, or 
fabrics, yarns, or fibers used in the produc-
tion of textile or apparel goods. 
(ix) The name of, and contact infor-
mation for, each of the producer’s cus-
tomers in the United States. 
(F) The country agrees to provide to U.S. 
Customs and Border Protection on a timely 
basis all of the information received by the com-
petent government authority in accordance with 
subparagraph (E) and to provide U.S. Customs 
and Border Protection with an annual update 
of that information. 
(G) The country agrees to require that all 
producers and exporters of covered articles in a 
Reconstruction Opportunity Zone in that coun-
try maintain complete records of the production 
and the export of covered articles, including 
materials used in the production, for at least 5
484 
years after the production or export (as the 
case may be). 
(H) The country agrees to provide, on a 
timely basis, at the request of U.S. Customs 
and Border Protection, documentation estab-
lishing the eligibility of covered articles for 
duty-free treatment under section 405. 
(2) DOCUMENTATION
ESTABLISHING
ELIGI-
BILITY
OF
ARTICLES
FOR
DUTY-FREE
TREAT-
MENT.—For purposes of paragraph (1)(H), docu-
mentation establishing the eligibility of a covered ar-
ticle for duty-free treatment under section 405 in-
cludes documentation such as production records, in-
formation relating to the place of production, the 
number and identification of the types of machinery 
used in production, the number of workers employed 
in production, and certification from both the pro-
ducer and the exporter. 
(b) CUSTOMS PROCEDURES AND ENFORCEMENT.— 
(1) IN GENERAL.— 
(A) REGULATIONS.—The Secretary of the 
Treasury, after consultation with the United 
States Trade Representative, shall promulgate 
regulations setting forth customs procedures 
similar in all material respects to the require-
485 
ments of article 502(1) of the NAFTA as im-
plemented pursuant to United States law, which 
shall apply to any importer that claims duty- 
free treatment for an article under section 405. 
(B) DETERMINATION.—In order for arti-
cles produced in a Reconstruction Opportunity 
Zone to qualify for the duty-free treatment 
under section 405, there shall be in effect a de-
termination by the President that Afghanistan 
or Pakistan, as the case may be— 
(i) has implemented and follows; or 
(ii) is making substantial progress to-
ward implementing and following, 
procedures and requirements similar in all ma-
terial respects to the relevant procedures and 
requirements under chapter 5 of the NAFTA. 
(2) CERTIFICATE OF ORIGIN.—A certificate of 
origin that otherwise would be required pursuant to 
the provisions of paragraph (1) shall not be required 
in the case of an article imported under section 405 
if such certificate of origin would not be required 
under article 503 of the NAFTA, as implemented 
pursuant to United States law, if the article were 
imported from Mexico.
486 
(3) PENALTIES.—If the President determines, 
based on sufficient evidence, that an entity has en-
gaged in unlawful transshipment described in para-
graph (4), the President shall deny for a period of 
5 years beginning on the date of the determination 
all benefits under section 405 to the entity, any suc-
cessor of the entity, and any other entity owned, op-
erated, or controlled by the principals of the entity. 
(4) UNLAWFUL TRANSSHIPMENT DESCRIBED.— 
For purposes of this section, unlawful transshipment 
occurs when duty-free treatment for a covered article 
has been claimed on the basis of material false infor-
mation concerning the country of origin, manufac-
ture, processing, or assembly of the article or any of 
its components. For purposes of the preceding sen-
tence, false information is material if disclosure of 
the true information would mean or would have 
meant that the article is or was ineligible for duty- 
free treatment under section 405. 
(5) MONITORING
AND
REPORTS
TO
CON-
GRESS.—U.S. Customs and Border Protection shall 
monitor and the Commissioner responsible for U.S. 
Customs and Border Protection shall submit to Con-
gress, not later than March 31 of each year, a report 
on the effectiveness of the visa or electronic certifi-
487 
cation systems and the implementation of legislation 
and regulations described in subsection (a) and on 
measures taken by Afghanistan and Pakistan to pre-
vent circumvention as described in article 5 of the 
Agreement on Textile and Clothing. 
(c) ADDITIONAL CUSTOMS ENFORCEMENT.—U.S. 
Customs and Border Protection shall— 
(1) make available technical assistance to Af-
ghanistan and Pakistan— 
(A) in the development and implementation 
of visa or electronic certification systems, legis-
lation, and regulations described in subsection 
(a)(1)(A) and (B); and 
(B) to train their officials in anti-trans-
shipment enforcement; 
(2) send production verification teams to Af-
ghanistan and Pakistan as necessary; and 
(3) to the extent feasible, place Afghanistan 
and Pakistan on a relevant e-certification program. 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out subsection (c), there are authorized to be appropriated 
to U.S. Customs and Border Protection $10,000,000 for 
each of the fiscal years 2010 through 2023.
488 
SEC. 407. TECHNICAL ASSISTANCE, CAPACITY BUILDING, 
COMPLIANCE ASSESSMENT, AND REMEDI-
ATION PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Finance and the 
Committee on Armed Services of the Senate; 
and 
(B) the Committee on Ways and Means 
and the Committee on Armed Services of the 
House of Representatives. 
(2) TEXTILE
OR
APPAREL
PRODUCER.—The 
term ‘‘textile or apparel producer’’ means a producer 
of a covered article described in section 405(b) that 
is located in a Reconstruction Opportunity Zone. 
(b) ELIGIBILITY.— 
(1) PRESIDENTIAL CERTIFICATION OF COMPLI-
ANCE
BY
AFGHANISTAN
OR
PAKISTAN
WITH
RE-
QUIREMENTS.—Upon the expiration of the 16-month 
period beginning on the date on which the President 
designates an area within Afghanistan or Pakistan, 
as the case may be, as a Reconstruction Opportunity 
Zone under section 403(a), duty-free treatment pro-
claimed under section 404(a) or 405(a) for articles
489 
from such Reconstruction Opportunity Zone may re-
main in effect only if the President determines and 
certifies to Congress that Afghanistan or Pakistan, 
as the case may be— 
(A) has implemented the requirements set 
forth in subsections (c) and (d) with respect to 
such Reconstruction Opportunity Zone; and 
(B) has agreed to require textile or apparel 
producers in such Reconstruction Opportunity 
Zone to participate in the program described in 
subsection (d) and has developed a system to 
ensure participation in such program by such 
producers, including by developing and main-
taining the registry described in subsection 
(c)(2)(A). 
(2) EXTENSION.— 
(A) INITIAL
EXTENSION.—The President 
may extend the period for compliance by Af-
ghanistan or Pakistan under paragraph (1) for 
an initial 6-month period if the President— 
(i) determines that Afghanistan or 
Pakistan, as the case may be, has made a 
good faith effort toward implementing the 
requirements set forth in paragraph (1) 
(A) and (B) and has agreed to take addi-
490 
tional steps towards implementing such re-
quirements that are satisfactory to the 
President; and 
(ii) provides to the appropriate con-
gressional committees, not later than 30 
days before the last day of the 16-month 
period specified in paragraph (1), a report 
identifying the additional steps that Af-
ghanistan or Pakistan, as the case may be, 
has agreed to take as described in clause 
(i). 
(B) 
SUBSEQUENT
EXTENSIONS.—The 
President may extend the period for compliance 
by Afghanistan or Pakistan under paragraph 
(1) for subsequent 6-month periods if, with re-
spect to each such extension, the President— 
(i) provides an opportunity for public 
comment and a public hearing on the pos-
sible extension not later than 45 days be-
fore the last day of the existing 6-month 
extension; 
(ii) consults with the Secretary of 
Labor and the appropriate congressional 
committees with respect to the possible ex-
491 
tension not later than 45 days before the 
last day of the existing 6-month extension; 
(iii) determines, taking into account 
any public comments and input received 
during the public hearing described in 
clause (i) and the consultations described 
in clause (ii), that extraordinary cir-
cumstances exist that preclude Afghanistan 
or Pakistan, as the case may be, from 
meeting the requirements set forth in 
paragraph (1) (A) and (B); and 
(iv) publishes in the Federal Register 
a notice that describes— 
(I) 
the 
extraordinary 
cir-
cumstances described in clause (iii); 
(II) the reasons why the extraor-
dinary circumstances preclude Af-
ghanistan or Pakistan, as the case 
may be, from meeting the require-
ments set forth in paragraph (1) (A) 
and (B); and 
(III) the steps Afghanistan or 
Pakistan, as the case may be, will 
take during the 6-month period of the 
extension to implement the require-
492 
ments set forth in paragraph (1) (A) 
and (B). 
(3) CONTINUING COMPLIANCE.— 
(A) TERMINATION OF DUTY-FREE TREAT-
MENT.—If, after making a certification under 
paragraph (1), the President determines that 
Afghanistan or Pakistan is no longer meeting 
the requirements set forth in paragraph (1) (A) 
and (B), the President shall terminate the duty- 
free treatment proclaimed under section 404(a) 
or 405(a). 
(B) CONTINUATION OF DUTY-FREE TREAT-
MENT NOTWITHSTANDING NONCOMPLIANCE.— 
(i) 
INITIAL
6-MONTH
CONTINU-
ATION.—Notwithstanding 
subparagraph 
(A), if, after making a certification under 
paragraph (1), the President determines 
that Afghanistan or Pakistan is no longer 
meeting the requirements set forth in 
paragraph (1) (A) and (B), the President 
may extend the duty-free treatment pro-
claimed under section 404(a) or 405(a) for 
an initial 6-month period if the Presi-
dent—
493 
(I) determines, after consultation 
with the Secretary of Labor and the 
appropriate congressional committees, 
that extraordinary circumstances exist 
that preclude Afghanistan or Paki-
stan, as the case may be, from con-
tinuing to meet the requirements set 
forth in paragraph (1) (A) and (B); 
and 
(II) publishes in the Federal 
Register a notice, not later than 30 
days after making the determination 
under subclause (I), that describes— 
(aa) the extraordinary cir-
cumstances described in sub-
clause (I); and 
(bb) the reasons why the ex-
traordinary circumstances pre-
clude Afghanistan or Pakistan, 
as the case may be, from con-
tinuing to meet the requirements 
set forth in paragraph (1) (A) 
and (B). 
(ii) SUBSEQUENT 6-MONTH CONTINU-
ATION.—The President may extend the
497 
(d) TECHNICAL ASSISTANCE, CAPACITY BUILDING, 
COMPLIANCE
ASSESSMENT, AND
REMEDIATION
PRO-
GRAM.— 
(1) IN GENERAL.—The requirement under this 
subsection is that Afghanistan or Pakistan, as the 
case may be, in cooperation with the entity des-
ignated by the Secretary of Labor under paragraph 
(3)(A)(i), has established a program meeting the re-
quirements under paragraph (3)— 
(A) to assess compliance by textile or ap-
parel producers listed in the registry described 
in subsection (c)(2)(A) with the conditions set 
forth in paragraph (2) and to assist such pro-
ducers in meeting such conditions; and 
(B) to provide assistance to improve the 
capacity of the Government of Afghanistan or 
Pakistan, as the case may be— 
(i) to inspect facilities of textile or ap-
parel producers listed in the registry de-
scribed in subsection (c)(2)(A); and 
(ii) to enforce national labor laws and 
resolve labor disputes, including through 
measures described in paragraph (5). 
(2) CONDITIONS
DESCRIBED.—The conditions 
referred to in paragraph (1) are—
498 
(A) compliance with core labor standards; 
and 
(B) compliance with the labor laws of Af-
ghanistan or Pakistan, as the case may be, that 
relate directly to core labor standards and to 
ensuring acceptable conditions of work with re-
spect to minimum wages, hours of work, and 
occupational health and safety. 
(3) REQUIREMENTS.—The requirements for the 
program are that the program— 
(A) is operated by an entity that— 
(i) is designated by the Secretary of 
Labor, in consultation with appropriate of-
ficials of the Government of Afghanistan 
or Pakistan, as the case may be; 
(ii) operates independently of the Gov-
ernment of Afghanistan or Pakistan, as 
the case may be; 
(iii) has expertise relating to moni-
toring of core labor standards; 
(iv) if the entity designated under 
clause (i) is an entity other than the Inter-
national Labor Organization, is subject to 
evaluation by the International Labor Or-
499 
ganization at the request of the Secretary 
of Labor, including— 
(I) annual review of the oper-
ation of the program; and 
(II) annual recommendations to 
the entity operating the program, the 
Government of Afghanistan or Paki-
stan, as the case may be, and the Sec-
retary of Labor to improve the oper-
ation of the program; 
(v) prepares the annual report de-
scribed in paragraph (4); 
(B) is developed through a participatory 
process that includes the labor official described 
in subsection (c) of Afghanistan or Pakistan, as 
the case may be, and appropriate representa-
tives of government agencies, employers, and 
workers; 
(C) assess compliance by each textile or 
apparel producer listed in the registry described 
in subsection (c)(2)(A) with the conditions set 
forth in paragraph (2) and identify any defi-
ciencies by such producer with respect to meet-
ing such conditions, including by—
500 
(i) conducting site visits to facilities of 
the producer; 
(ii) conducting confidential interviews 
with workers and management of the fa-
cilities of the producer; and 
(iii) providing to management and 
workers, and where applicable, worker or-
ganizations of the producer, on a confiden-
tial basis— 
(I) the results of the assessment 
carried out under this subparagraph; 
and 
(II) specific suggestions for reme-
diating any such deficiencies; 
(D) assist the textile or apparel producer 
in remediating any deficiencies identified under 
subparagraph (C); 
(E) conduct prompt follow-up site visits to 
the facilities of the textile or apparel producer 
to assess progress on remediation of any defi-
ciencies identified under subparagraph (C); and 
(F) provide training to workers and man-
agement of the textile or apparel producer, and 
where appropriate, to other persons or entities, 
to promote compliance with paragraph (2).
501 
(4) ANNUAL REPORT.—The annual report re-
ferred to in paragraph (3)(A)(v) is a report, by the 
entity operating the program, that is published (and 
available to the public in a readily accessible man-
ner) on an annual basis, beginning 1 year after Af-
ghanistan or Pakistan, as the case may be, has im-
plemented a program under this subsection, covering 
the preceding 1-year period, and that includes the 
following: 
(A) The name of each textile or apparel 
producer listed in the registry described in sub-
section (c)(2)(A) that has been in operation in 
the Reconstruction Opportunity Zone for at 
least 1 year and has been identified as having 
met the conditions under paragraph (2). 
(B) The name of each textile or apparel 
producer listed in the registry described in sub-
section (c)(2)(A) that has been in operation in 
the Reconstruction Opportunity Zone for at 
least 1 year and has been identified as having 
deficiencies with respect to the conditions under 
paragraph (2), and has failed to remedy such 
deficiencies. 
(C) For each textile or apparel producer 
listed under subparagraph (B)—
502 
(i) a description of the deficiencies 
found to exist and the specific suggestions 
for remediating such deficiencies made by 
the entity operating the program; 
(ii) a description of the efforts by the 
producer to remediate the deficiencies, in-
cluding a description of assistance provided 
by any entity to assist in such remediation; 
and 
(iii) with respect to deficiencies that 
have not been remediated, the amount of 
time that has elapsed since the deficiencies 
were first identified in a report under this 
subparagraph. 
(D) For each textile or apparel producer 
identified as having deficiencies with respect to 
the conditions described under paragraph (2) in 
a prior report under this paragraph, a descrip-
tion of the progress made in remediating such 
deficiencies since the submission of the prior re-
port, and an assessment of whether any aspect 
of such deficiencies persists. 
(5) CAPACITY
BUILDING.—The assistance to 
the Government of Afghanistan or Pakistan referred 
to in paragraph (1)(B) shall include programs—
503 
(A) to review the labor laws and regula-
tions of Afghanistan or Pakistan, as the case 
may be, and to develop and implement strate-
gies for improving such labor laws and regula-
tions; 
(B) to develop additional strategies for 
protecting core labor standards and providing 
acceptable conditions of work with respect to 
minimum wages, hours of work, and occupa-
tional safety and health, including through 
legal, regulatory, and institutional reform; 
(C) to increase awareness of core labor 
standards and national labor laws; 
(D) to promote consultation and coopera-
tion between government representatives, em-
ployers, worker representatives, and United 
States importers on matters relating to core 
labor standards and national labor laws; 
(E) to assist the labor official of Afghani-
stan or Pakistan, as the case may be, des-
ignated pursuant to subsection (c) in estab-
lishing and coordinating operation of the com-
mittee described in subsection (c)(2)(E);
504 
(F) to assist worker representatives in 
more fully and effectively advocating on behalf 
of their members; and 
(G) to provide on-the-job training and 
technical assistance to labor inspectors, judicial 
officers, and other relevant personnel to build 
their capacity to enforce national labor laws 
and resolve labor disputes. 
(e) COMPLIANCE WITH ELIGIBILITY CRITERIA.— 
(1) COUNTRY COMPLIANCE WITH CORE LABOR 
STANDARDS
ELIGIBILITY
CRITERIA.—In making a 
determination of whether Afghanistan or Pakistan is 
meeting the eligibility requirement set forth in sec-
tion 403(b)(1)(E) relating to core labor standards, 
the President shall consider any reports produced 
under subsection (d)(4) and acceptable conditions of 
work with respect to minimum wages, hours of work, 
and occupational health and safety. 
(2) PRODUCER ELIGIBILITY.— 
(A) IDENTIFICATION OF PRODUCERS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), beginning 2 years after the 
President makes the certification under 
subsection (b)(1), the President shall iden-
tify on a biennial basis whether a textile or
505 
apparel producer listed in the registry de-
scribed in subsection (c)(2)(A) and in oper-
ation for at least 1 year has failed to com-
ply with core labor standards and with the 
labor laws of Afghanistan or Pakistan, as 
the case may be, that directly relate to and 
are consistent with core labor standards. 
(ii) EXCEPTION.— The President may 
identify a textile or apparel producer at 
any time under clause (i) if the evidence 
warrants such a review. 
(B) ASSISTANCE
TO
PRODUCERS; WITH-
DRAWAL, ETC., OF DUTY-FREE TREATMENT.— 
For each textile or apparel producer that the 
President identifies under subparagraph (A), 
the President shall seek to assist such producer 
in coming into compliance with core labor 
standards and with the labor laws of Afghani-
stan or Pakistan, as the case may be, that di-
rectly relate to and are consistent with core 
labor standards. If, within a reasonable period 
of time, such efforts fail, the President shall 
withdraw, suspend, or limit the application of 
duty-free treatment to textile and apparel cov-
ered articles of such producer.
506 
(C) 
REINSTATING
DUTY-FREE
TREAT-
MENT.—If the President, after withdrawing, 
suspending, or limiting the application of duty- 
free treatment under subparagraph (B) to arti-
cles of a textile or apparel producer, determines 
that such producer is complying with core labor 
standards and with the labor laws of Afghani-
stan or Pakistan, as the case may be, that di-
rectly relate to and are consistent with core 
labor standards, the President shall reinstate 
the application of duty-free treatment under 
section 405 to the textile and apparel covered 
articles of such producer. 
(D) CONSIDERATION
OF
REPORTS.—In 
making the identification under subparagraph 
(A) and the determination under subparagraph 
(C), the President shall consider the reports 
made available under subsection (d)(4). 
(f) REPORTS BY THE PRESIDENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter, the President shall transmit to the appro-
priate congressional committees a report on the im-
plementation of this section during the preceding 1- 
year period.
507 
(2) MATTERS TO BE INCLUDED.—Each report 
required by paragraph (1) shall include the fol-
lowing: 
(A) An explanation of the efforts of Af-
ghanistan and Pakistan, the President, and en-
tity designated by the Secretary of Labor to 
carry out this section. 
(B) A summary of each report produced 
under subsection (d)(4) during the preceding 1- 
year period and a summary of the findings con-
tained in such report. 
(C) Identifications made under subsection 
(e)(2)(A) and determinations made under sub-
section (e)(2)(C). 
(g) EVALUATION AND REPORT BY SECRETARY OF 
LABOR.— 
(1) EVALUATION.—The Secretary of Labor 
shall evaluate the monitoring program established 
under this section to determine ways to improve 
adoption and adherence to core labor standards and 
acceptable conditions of work with respect to min-
imum wages, hours of work, and occupational health 
and safety. To the extent that producers of nontex-
tile or nonapparel articles described in section 404 
of this division have established operations in Recon-
508 
struction Opportunity Zones, the report shall also 
evaluate options for expanding the program to in-
clude such producers. 
(2) REPORT.—Not later than 1 year after the 
date on which Afghanistan or Pakistan, as the case 
may be, has implemented a program under this sec-
tion, the Secretary of Labor shall submit to the ap-
propriate congressional committees a report that 
contains the results of the evaluation required under 
paragraph (1) and recommendations to improve the 
program under this section and, if applicable, to ex-
pand the program to include producers of nontextile 
or nonapparel articles. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary of Labor such sums as may be necessary to 
carry out this subsection. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
(other than subsection (g)) $20,000,000 for the period be-
ginning on October 1, 2009, and ending on September 30, 
2023. 
SEC. 408. PETITION PROCESS. 
Any interested party may file a request to have the 
status of Afghanistan or Pakistan reviewed with respect
509 
to the eligibility requirements listed in this title, and the 
President shall provide for this purpose the same proce-
dures as those that are provided for reviewing the status 
of eligible beneficiary developing countries with respect to 
the designation criteria listed in subsections (b) and (c) 
of section 502 of the Trade Act of 1974 (19 U.S.C. 2462 
(b) and (c)). 
SEC. 409. LIMITATIONS ON PROVIDING DUTY-FREE TREAT-
MENT. 
(a) IN GENERAL.— 
(1) PROCLAMATION.—Except as provided in 
paragraph (2), and subject to subsection (b) and the 
conditions described in sections 403 through 407 of 
this division, the President shall exercise the Presi-
dent’s authority under this title, and the President 
shall proclaim any duty-free treatment pursuant to 
that authority. 
(2) WAIVER.—The President may waive the ap-
plication of this title if the President determines that 
providing such treatment is inconsistent with the na-
tional interests of the United States. In making such 
determination, the President shall consider— 
(A) obligations of the United States under 
international agreements;
510 
(B) the national economic interests of the 
United States; and 
(C) the foreign policy interests of the 
United States, including the economic develop-
ment of Afghanistan and the border region of 
Pakistan. 
(b) WITHDRAWAL, SUSPENSION, OR LIMITATION OF 
DUTY-FREE TREATMENT.—The President may withdraw, 
suspend, or limit the application of the duty-free treat-
ment proclaimed under this title upon consideration of the 
factors set forth in section 403 (b) and (c) of this division, 
and section 502 (b) and (c) of the Trade Act of 1974 (19 
U.S.C. 2462 (b) and (c)). In taking any action to with-
draw, suspend, or limit duty-free treatment with respect 
to producers receiving benefits under section 404 or 405 
of this division, the President shall consider the informa-
tion described in section 403(d) of this division relating 
to verification of the ownership and nature of the activities 
of such producers and any other relevant information the 
President determines to be appropriate. 
(c) NOTICE TO CONGRESS.—The President shall ad-
vise Congress— 
(1) of any action the President takes to waive, 
withdraw, suspend, or limit the application of duty- 
free treatment with respect to Reconstruction Op-
511 
portunity Zones in Afghanistan or Pakistan or en-
terprises receiving benefits under section 404 or 405 
of this division; and 
(2) if either Afghanistan or Pakistan fails to 
adequately take the actions described in section 403 
(b) and (c) of this division or section 502 (b) and 
(c) of the Trade Act of 1974 (19 U.S.C. 2462 (b) 
and (c)). 
SEC. 410. TERMINATION OF BENEFITS. 
Duty-free treatment provided under this title shall re-
main in effect through September 30, 2024. 
SEC. 411. CUSTOMS USER FEES. 
(a) IN GENERAL.—The Secretary of the Treasury 
shall increase the amount of fees charged and collected 
under section 13031(a) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for 
the provision of customs services in connection with im-
ports and travel from Afghanistan and Pakistan as nec-
essary to meet the requirements of subsection (b). 
(b) MINIMUM AMOUNT.—The amount of the increase 
in fees charged and collected under the authority of sub-
section (a)— 
(1) shall not be less than $12,000,000 for the 
period beginning on the date of the enactment of
512 
this Act and ending at the close of September 30, 
2014; and 
(2) shall not be less than $105,000,000 for the 
period beginning on the date of the enactment of 
this Act and ending at the close of September 30, 
2019. 
(c) RULE OF CONSTRUCTION.—The amount of the 
increase in fees charged and collected under the authority 
of subsection (a) shall be in addition to the amount of 
fees that would otherwise be charged and collected under 
section 13031(a) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for the pro-
vision of customs services in connection with imports and 
travel from Afghanistan and Pakistan. 
(d) TERMINATION OF AUTHORITY.—The authority 
provided under subsection (a) terminates at the close of 
the date on which the aggregate amount of the increase 
in fees charged and collected under the authority of sub-
section (a) equals $105,000,000. 
Passed the House of Representatives June 11, 2009. 
Attest: 
Clerk.