IB 
Union Calendar No. 156 
112TH CONGRESS 
1ST SESSION H. R. 3078 
[Report No. 112–237] 
To implement the United States–Colombia Trade Promotion Agreement. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 3, 2011 
Mr. CANTOR (for himself and Mr. FARR) (both by request) introduced the 
following bill; which was referred to the Committee on Ways and Means 
OCTOBER 6, 2011 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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A BILL 
To implement the United States–Colombia Trade Promotion 
Agreement. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘United States–Colombia Trade Promotion Agreement 
Implementation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING 
TO, THE AGREEMENT 
Sec. 101. Approval and entry into force of the Agreement. 
Sec. 102. Relationship of the Agreement to United States and State law. 
Sec. 103. Implementing actions in anticipation of entry into force and initial 
regulations. 
Sec. 104. Consultation and layover provisions for, and effective date of, pro-
claimed actions. 
Sec. 105. Administration of dispute settlement proceedings. 
Sec. 106. Arbitration of claims. 
Sec. 107. Effective dates; effect of termination. 
TITLE II—CUSTOMS PROVISIONS 
Sec. 201. Tariff modifications. 
Sec. 202. Additional duties on certain agricultural goods. 
Sec. 203. Rules of origin. 
Sec. 204. Customs user fees. 
Sec. 205. Disclosure of incorrect information; false certifications of origin; de-
nial of preferential tariff treatment. 
Sec. 206. Reliquidation of entries. 
Sec. 207. Recordkeeping requirements. 
Sec. 208. Enforcement relating to trade in textile or apparel goods. 
Sec. 209. Regulations. 
TITLE III—RELIEF FROM IMPORTS 
Sec. 301. Definitions. 
Subtitle A—Relief From Imports Benefitting From the Agreement 
Sec. 311. Commencing of action for relief. 
Sec. 312. Commission action on petition. 
Sec. 313. Provision of relief. 
Sec. 314. Termination of relief authority. 
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Sec. 315. Compensation authority. 
Sec. 316. Confidential business information. 
Subtitle B—Textile and Apparel Safeguard Measures 
Sec. 321. Commencement of action for relief. 
Sec. 322. Determination and provision of relief. 
Sec. 323. Period of relief. 
Sec. 324. Articles exempt from relief. 
Sec. 325. Rate after termination of import relief. 
Sec. 326. Termination of relief authority. 
Sec. 327. Compensation authority. 
Sec. 328. Confidential business information. 
Subtitle C—Cases Under Title II of the Trade Act of 1974 
Sec. 331. Findings and action on Colombian articles. 
TITLE IV—PROCUREMENT 
Sec. 401. Eligible products. 
TITLE V—EXTENSION OF ANDEAN TRADE PREFERENCE ACT 
Sec. 501. Extension of Andean Trade Preference Act. 
TITLE VI—OFFSETS 
Sec. 601. Elimination of certain NAFTA customs fees exemption. 
Sec. 602. Extension of customs user fees. 
Sec. 603. Time for payment of corporate estimated taxes. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to approve and implement the free trade 
agreement between the United States and Colombia 
entered into under the authority of section 2103(b) 
of the Bipartisan Trade Promotion Authority Act of 
2002 (19 U.S.C. 3803(b)); 
(2) to strengthen and develop economic rela-
tions between the United States and Colombia for 
their mutual benefit; 
(3) to establish free trade between the United 
States and Colombia through the reduction and 
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elimination of barriers to trade in goods and services 
and to investment; and 
(4) to lay the foundation for further coopera-
tion to expand and enhance the benefits of the 
Agreement. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the United States–Colombia Trade Promotion 
Agreement approved by Congress under section 
101(a)(1). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the United States International Trade Com-
mission. 
(3) HTS.—The term ‘‘HTS’’ means the Har-
monized Tariff Schedule of the United States. 
(4) TEXTILE
OR
APPAREL
GOOD.—The term 
‘‘textile or apparel good’’ means a good listed in the 
Annex to the Agreement on Textiles and Clothing 
referred to in section 101(d)(4) of the Uruguay 
Round Agreements Act (19 U.S.C. 3511(d)(4)), 
other than a good listed in Annex 3-C of the Agree-
ment. 
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TITLE 
I—APPROVAL 
OF, 
AND 
GENERAL 
PROVISIONS 
RE-
LATING TO, THE AGREEMENT 
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE 
AGREEMENT. 
(a) APPROVAL OF AGREEMENT AND STATEMENT OF 
ADMINISTRATIVE ACTION.—Pursuant to section 2105 of 
the Bipartisan Trade Promotion Authority Act of 2002 
(19 U.S.C. 3805) and section 151 of the Trade Act of 
1974 (19 U.S.C. 2191), Congress approves— 
(1) the United States–Colombia Trade Pro-
motion Agreement entered into on November 22, 
2006, with the Government of Colombia, as amend-
ed on June 28, 2007, by the United States and Co-
lombia, and submitted to Congress on October 3, 
2011; and 
(2) the statement of administrative action pro-
posed to implement the Agreement that was sub-
mitted to Congress on October 3, 2011. 
(b) CONDITIONS FOR ENTRY INTO FORCE OF THE 
AGREEMENT.—At such time as the President determines 
that Colombia has taken measures necessary to comply 
with those provisions of the Agreement that are to take 
effect on the date on which the Agreement enters into 
force, the President is authorized to exchange notes with 
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the Government of Colombia providing for the entry into 
force, on or after January 1, 2012, of the Agreement with 
respect to the United States. 
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED 
STATES AND STATE LAW. 
(a) RELATIONSHIP
OF AGREEMENT
TO UNITED 
STATES LAW.— 
(1) UNITED STATES LAW TO PREVAIL IN CON-
FLICT.—No provision of the Agreement, nor the ap-
plication of any such provision to any person or cir-
cumstance, which is inconsistent with any law of the 
United States shall have effect. 
(2) CONSTRUCTION.—Nothing in this Act shall 
be construed— 
(A) to amend or modify any law of the 
United States, or 
(B) to limit any authority conferred under 
any law of the United States, 
unless specifically provided for in this Act. 
(b) RELATIONSHIP
OF
AGREEMENT
TO
STATE 
LAW.— 
(1) LEGAL CHALLENGE.—No State law, or the 
application thereof, may be declared invalid as to 
any person or circumstance on the ground that the 
provision or application is inconsistent with the 
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Agreement, except in an action brought by the 
United States for the purpose of declaring such law 
or application invalid. 
(2) DEFINITION OF STATE LAW.—For purposes 
of this subsection, the term ‘‘State law’’ includes— 
(A) any law of a political subdivision of a 
State; and 
(B) any State law regulating or taxing the 
business of insurance. 
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRI-
VATE REMEDIES.—No person other than the United 
States— 
(1) shall have any cause of action or defense 
under the Agreement or by virtue of congressional 
approval thereof; or 
(2) may challenge, in any action brought under 
any provision of law, any action or inaction by any 
department, agency, or other instrumentality of the 
United States, any State, or any political subdivision 
of a State, on the ground that such action or inac-
tion is inconsistent with the Agreement. 
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF 
ENTRY INTO FORCE AND INITIAL REGULA-
TIONS. 
(a) IMPLEMENTING ACTIONS.— 
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(1) PROCLAMATION
AUTHORITY.—After the 
date of the enactment of this Act— 
(A) the President may proclaim such ac-
tions, and 
(B) other appropriate officers of the 
United States Government may issue such reg-
ulations, 
as may be necessary to ensure that any provision of 
this Act, or amendment made by this Act, that takes 
effect on the date on which the Agreement enters 
into force is appropriately implemented on such 
date, but no such proclamation or regulation may 
have an effective date earlier than the date on which 
the Agreement enters into force. 
(2) EFFECTIVE DATE OF CERTAIN PROCLAIMED 
ACTIONS.—Any action proclaimed by the President 
under the authority of this Act that is not subject 
to the consultation and layover provisions under sec-
tion 104 may not take effect before the 15th day 
after the date on which the text of the proclamation 
is published in the Federal Register. 
(3) WAIVER OF 15-DAY RESTRICTION.—The 15- 
day restriction contained in paragraph (2) on the 
taking effect of proclaimed actions is waived to the 
extent that the application of such restriction would 
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prevent the taking effect on the date on which the 
Agreement enters into force of any action pro-
claimed under this section. 
(b) INITIAL REGULATIONS.—Initial regulations nec-
essary or appropriate to carry out the actions required by 
or authorized under this Act or proposed in the statement 
of 
administrative 
action 
submitted 
under 
section 
101(a)(2) to implement the Agreement shall, to the max-
imum extent feasible, be issued within 1 year after the 
date on which the Agreement enters into force. In the case 
of any implementing action that takes effect on a date 
after the date on which the Agreement enters into force, 
initial regulations to carry out that action shall, to the 
maximum extent feasible, be issued within 1 year after 
such effective date. 
SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, 
AND EFFECTIVE DATE OF, PROCLAIMED AC-
TIONS. 
If a provision of this Act provides that the implemen-
tation of an action by the President by proclamation is 
subject to the consultation and layover requirements of 
this section, such action may be proclaimed only if— 
(1) the President has obtained advice regarding 
the proposed action from— 
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(A) the appropriate advisory committees 
established under section 135 of the Trade Act 
of 1974 (19 U.S.C. 2155); and 
(B) the Commission; 
(2) the President has submitted to the Com-
mittee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives 
a report that sets forth— 
(A) the action proposed to be proclaimed 
and the reasons therefor; and 
(B) the advice obtained under paragraph 
(1); 
(3) a period of 60 calendar days, beginning on 
the first day on which the requirements set forth in 
paragraphs (1) and (2) have been met, has expired; 
and 
(4) the President has consulted with the com-
mittees referred to in paragraph (2) regarding the 
proposed action during the period referred to in 
paragraph (3). 
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PRO-
CEEDINGS. 
(a) ESTABLISHMENT OR DESIGNATION OF OFFICE.— 
The President is authorized to establish or designate with-
in the Department of Commerce an office that shall be 
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responsible for providing administrative assistance to pan-
els established under chapter 21 of the Agreement. The 
office shall not be considered to be an agency for purposes 
of section 552 of title 5, United States Code. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for each fiscal year after 
fiscal year 2011 to the Department of Commerce up to 
$262,500 for the establishment and operations of the of-
fice established or designated under subsection (a) and for 
the payment of the United States share of the expenses 
of panels established under chapter 21 of the Agreement. 
SEC. 106. ARBITRATION OF CLAIMS. 
The United States is authorized to resolve any claim 
against 
the 
United 
States 
covered 
by 
article 
10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agree-
ment, pursuant to the Investor-State Dispute Settlement 
procedures set forth in section B of chapter 10 of the 
Agreement. 
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION. 
(a) EFFECTIVE DATES.—Except as provided in sub-
section (b) and title V, this Act and the amendments made 
by this Act take effect on the date on which the Agreement 
enters into force. 
(b) EXCEPTIONS.— 
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(1) IN GENERAL.—Sections 1 through 3, this 
title, and title VI take effect on the date of the en-
actment of this Act. 
(2) CERTAIN AMENDATORY PROVISIONS.—The 
amendments made by sections 204, 205, 207, and 
401 of this Act take effect on the date of the enact-
ment of this Act and apply with respect to Colombia 
on the date on which the Agreement enters into 
force. 
(c) TERMINATION
OF
THE AGREEMENT.—On the 
date on which the Agreement terminates, this Act (other 
than this subsection and titles V and VI) and the amend-
ments made by this Act (other than the amendments made 
by titles V and VI) shall cease to have effect. 
TITLE II—CUSTOMS PROVISIONS 
SEC. 201. TARIFF MODIFICATIONS. 
(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE 
AGREEMENT.— 
(1) PROCLAMATION
AUTHORITY.—The Presi-
dent may proclaim— 
(A) such modifications or continuation of 
any duty, 
(B) such continuation of duty-free or ex-
cise treatment, or 
(C) such additional duties, 
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as the President determines to be necessary or ap-
propriate to carry out or apply articles 2.3, 2.5, 2.6, 
and 3.3.13, and Annex 2.3, of the Agreement. 
(2) EFFECT ON GSP STATUS.—Notwithstanding 
section 502(a)(1) of the Trade Act of 1974 (19 
U.S.C. 2462(a)(1)), the President shall, on the date 
on which the Agreement enters into force, terminate 
the designation of Colombia as a beneficiary devel-
oping country for purposes of title V of the Trade 
Act of 1974 (19 U.S.C. 2461 et seq.). 
(3) EFFECT
ON
ATPA
STATUS.—Notwith-
standing section 203(a)(1) of the Andean Trade 
Preference Act (19 U.S.C. 3202(a)(1)), the Presi-
dent shall, on the date on which the Agreement en-
ters into force, terminate the designation of Colom-
bia as a beneficiary country for purposes of that 
Act. 
(b) OTHER TARIFF MODIFICATIONS.—Subject to the 
consultation and layover provisions of section 104, the 
President may proclaim— 
(1) such modifications or continuation of any 
duty, 
(2) such modifications as the United States 
may agree to with Colombia regarding the staging of 
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any duty treatment set forth in Annex 2.3 of the 
Agreement, 
(3) such continuation of duty-free or excise 
treatment, or 
(4) such additional duties, 
as the President determines to be necessary or appropriate 
to maintain the general level of reciprocal and mutually 
advantageous concessions with respect to Colombia pro-
vided for by the Agreement. 
(c) CONVERSION TO AD VALOREM RATES.—For pur-
poses of subsections (a) and (b), with respect to any good 
for which the base rate in the Schedule of the United 
States to Annex 2.3 of the Agreement is a specific or com-
pound rate of duty, the President may substitute for the 
base rate an ad valorem rate that the President deter-
mines to be equivalent to the base rate. 
(d) TARIFF RATE QUOTAS.—In implementing the 
tariff rate quotas set forth in Appendix I to the General 
Notes to the Schedule of the United States to Annex 2.3 
of the Agreement, the President shall take such action as 
may be necessary to ensure that imports of agricultural 
goods do not disrupt the orderly marketing of commodities 
in the United States. 
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SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICUL-
TURAL GOODS. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE NTR (MFN) RATE OF DUTY.— 
The term ‘‘applicable NTR (MFN) rate of duty’’ 
means, with respect to a safeguard good, a rate of 
duty equal to the lowest of— 
(A) the base rate in the Schedule of the 
United States to Annex 2.3 of the Agreement; 
(B) the column 1 general rate of duty that 
would, on the day before the date on which the 
Agreement enters into force, apply to a good 
classifiable in the same 8-digit subheading of 
the HTS as the safeguard good; or 
(C) the column 1 general rate of duty that 
would, at the time the additional duty is im-
posed under subsection (b), apply to a good 
classifiable in the same 8-digit subheading of 
the HTS as the safeguard good. 
(2) SCHEDULE
RATE
OF
DUTY.—The term 
‘‘schedule rate of duty’’ means, with respect to a 
safeguard good, the rate of duty for that good that 
is set forth in the Schedule of the United States to 
Annex 2.3 of the Agreement. 
(3) SAFEGUARD GOOD.—The term ‘‘safeguard 
good’’ means a good— 
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(A) that is included in the Schedule of the 
United States to Annex 2.18 of the Agreement; 
(B) that qualifies as an originating good 
under section 203, except that operations per-
formed in or material obtained from the United 
States shall be considered as if the operations 
were performed in, or the material was obtained 
from, a country that is not a party to the 
Agreement; and 
(C) for which a claim for preferential tariff 
treatment under the Agreement has been made. 
(4) YEAR 1 OF THE AGREEMENT.—The term 
‘‘year 1 of the Agreement’’ means the period begin-
ning on the date, in a calendar year, on which the 
Agreement enters into force and ending on Decem-
ber 31 of that calendar year. 
(5) YEARS
OTHER
THAN
YEAR
OF
THE 
AGREEMENT.—Any reference to a year of the Agree-
ment subsequent to year 1 of the Agreement shall 
be deemed to be a reference to the corresponding 
calendar year in which the Agreement is in force. 
(b) ADDITIONAL DUTIES ON SAFEGUARD GOODS.— 
(1) IN GENERAL.—In addition to any duty pro-
claimed under subsection (a) or (b) of section 201, 
the Secretary of the Treasury shall assess a duty, in 
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the amount determined under paragraph (2), on a 
safeguard good imported into the United States in 
a calendar year if the Secretary determines that, 
prior to such importation, the total volume of that 
safeguard good that is imported into the United 
States in that calendar year exceeds 140 percent of 
the volume that is provided for that safeguard good 
in the corresponding year in the applicable table 
contained in Appendix I of the General Notes to the 
Schedule of the United States to Annex 2.3 of the 
Agreement. For purposes of this subsection, year 1 
in the table means year 1 of the Agreement. 
(2) CALCULATION OF ADDITIONAL DUTY.—The 
additional duty on a safeguard good under this sub-
section shall be— 
(A) in year 1 of the Agreement through 
year 4 of the Agreement, an amount equal to 
100 percent of the excess of the applicable NTR 
(MFN) rate of duty over the schedule rate of 
duty; 
(B) in year 5 of the Agreement through 
year 7 of the Agreement, an amount equal to 
75 percent of the excess of the applicable NTR 
(MFN) rate of duty over the schedule rate of 
duty; and 
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(C) in year 8 of the Agreement through 
year 9 of the Agreement, an amount equal to 
50 percent of the excess of the applicable NTR 
(MFN) rate of duty over the schedule rate of 
duty. 
(3) NOTICE.—Not later than 60 days after the 
date on which the Secretary of the Treasury first as-
sesses an additional duty in a calendar year on a 
good under this subsection, the Secretary shall no-
tify the Government of Colombia in writing of such 
action and shall provide to that Government data 
supporting the assessment of the additional duty. 
(c) EXCEPTIONS.—No additional duty shall be as-
sessed on a good under subsection (b) if, at the time of 
entry, the good is subject to import relief under— 
(1) subtitle A of title III of this Act; or 
(2) chapter 1 of title II of the Trade Act of 
1974 (19 U.S.C. 2251 et seq.). 
(d) TERMINATION.—The assessment of an additional 
duty on a good under subsection (b) shall cease to apply 
to that good on the date on which duty-free treatment 
must be provided to that good under the Schedule of the 
United States to Annex 2.3 of the Agreement. 
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SEC. 203. RULES OF ORIGIN. 
(a) APPLICATION
AND INTERPRETATION.—In this 
section: 
(1) TARIFF
CLASSIFICATION.—The basis for 
any tariff classification is the HTS. 
(2) REFERENCE
TO
HTS.—Whenever in this 
section there is a reference to a chapter, heading, or 
subheading, such reference shall be a reference to a 
chapter, heading, or subheading of the HTS. 
(3) COST OR VALUE.—Any cost or value re-
ferred to in this section shall be recorded and main-
tained in accordance with the generally accepted ac-
counting principles applicable in the territory of the 
country in which the good is produced (whether Co-
lombia or the United States). 
(b) ORIGINATING GOODS.—For purposes of this Act 
and for purposes of implementing the preferential tariff 
treatment provided for under the Agreement, except as 
otherwise provided in this section, a good is an originating 
good if— 
(1) the good is a good wholly obtained or pro-
duced entirely in the territory of Colombia, the 
United States, or both; 
(2) the good— 
(A) is produced entirely in the territory of 
Colombia, the United States, or both, and— 
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(i) each of the nonoriginating mate-
rials used in the production of the good 
undergoes an applicable change in tariff 
classification specified in Annex 3-A or 
Annex 4.1 of the Agreement; or 
(ii) the good otherwise satisfies any 
applicable regional value-content or other 
requirements specified in Annex 3-A or 
Annex 4.1 of the Agreement; and 
(B) satisfies all other applicable require-
ments of this section; or 
(3) the good is produced entirely in the terri-
tory of Colombia, the United States, or both, exclu-
sively from materials described in paragraph (1) or 
(2). 
(c) REGIONAL VALUE-CONTENT.— 
(1) IN GENERAL.—For purposes of subsection 
(b)(2), the regional value-content of a good referred 
to in Annex 4.1 of the Agreement, except for goods 
to which paragraph (4) applies, shall be calculated 
by the importer, exporter, or producer of the good, 
on the basis of the build-down method described in 
paragraph (2) or the build-up method described in 
paragraph (3). 
(2) BUILD-DOWN METHOD.— 
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(iii) VOM.—The term ‘‘VOM’’ means 
the value of originating materials that are 
acquired or self-produced, and used by the 
producer in the production of the good. 
(4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE 
GOODS.— 
(A) IN GENERAL.—For purposes of sub-
section (b)(2), the regional value-content of an 
automotive good referred to in Annex 4.1 of the 
Agreement shall be calculated by the importer, 
exporter, or producer of the good, on the basis 
of the following net cost method: 
NC¥VNM 
RVC = ————— × 100 
NC 
(B) DEFINITIONS.—In subparagraph (A): 
(i) AUTOMOTIVE
GOOD.—The term 
‘‘automotive good’’ means a good provided 
for in any of subheadings 8407.31 through 
8407.34, subheading 8408.20, heading 
8409, or any of headings 8701 through 
8708. 
(ii) RVC.—The term ‘‘RVC’’ means 
the regional value-content of the auto-
motive good, expressed as a percentage. 
(iii) NC.—The term ‘‘NC’’ means the 
net cost of the automotive good. 
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(iv) VNM.—The term ‘‘VNM’’ means 
the value of nonoriginating materials that 
are acquired and used by the producer in 
the production of the automotive good, but 
does not include the value of a material 
that is self-produced. 
(C) MOTOR VEHICLES.— 
(i) BASIS
OF
CALCULATION.—For 
purposes of determining the regional value- 
content under subparagraph (A) for an 
automotive good that is a motor vehicle 
provided for in any of headings 8701 
through 8705, an importer, exporter, or 
producer may average the amounts cal-
culated under the net cost formula con-
tained in subparagraph (A), over the pro-
ducer’s fiscal year— 
(I) with respect to all motor vehi-
cles in any one of the categories de-
scribed in clause (ii); or 
(II) with respect to all motor ve-
hicles in any such category that are 
exported to the territory of the United 
States or Colombia. 
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(ii) CATEGORIES.—A category is de-
scribed in this clause if it— 
(I) is the same model line of 
motor vehicles, is in the same class of 
motor vehicles, and is produced in the 
same plant in the territory of Colom-
bia or the United States, as the good 
described in clause (i) for which re-
gional value-content is being cal-
culated; 
(II) is the same class of motor 
vehicles, and is produced in the same 
plant in the territory of Colombia or 
the United States, as the good de-
scribed in clause (i) for which regional 
value-content is being calculated; or 
(III) is the same model line of 
motor vehicles produced in the terri-
tory of Colombia or the United States 
as the good described in clause (i) for 
which regional value-content is being 
calculated. 
(D) OTHER
AUTOMOTIVE
GOODS.—For 
purposes of determining the regional value-con-
tent under subparagraph (A) for automotive 
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materials provided for in any of subheadings 
8407.31 
through 
8407.34, 
in 
subheading 
8408.20, or in heading 8409, 8706, 8707, or 
8708, that are produced in the same plant, an 
importer, exporter, or producer may— 
(i) average the amounts calculated 
under the net cost formula contained in 
subparagraph (A) over— 
(I) the fiscal year of the motor 
vehicle producer to whom the auto-
motive goods are sold, 
(II) any quarter or month, or 
(III) the fiscal year of the pro-
ducer of such goods, 
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 Colombia 
or the United States. 
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(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-
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 
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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 
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-
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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 
(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-
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tween the territory of Colombia, 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 Colombia, the United States, or 
both, other than duties or taxes that are 
waived, refunded, refundable, or otherwise 
recoverable, 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. 
(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 Colombia, the United 
States, or both, to the location of the pro-
ducer. 
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(ii) Duties, taxes, and customs broker-
age fees on the material paid in the terri-
tory of Colombia, the United States, or 
both, other than duties or taxes that are 
waived, refunded, refundable, or otherwise 
recoverable, 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. 
(iv) The cost of originating materials 
used in the production of the nonorigi-
nating material in the territory of Colom-
bia, the United States, or both. 
(e) ACCUMULATION.— 
(1) ORIGINATING MATERIALS USED IN PRODUC-
TION OF GOODS OF THE OTHER COUNTRY.—Origi-
nating materials from the territory of Colombia 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 Colombia, the United 
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States, or both, by 1 or more producers, is an origi-
nating good if the good satisfies the requirements of 
subsection (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— 
(A)(i) the value of all nonoriginating mate-
rials that— 
(I) are used in the production of the 
good, and 
(II) do not undergo the applicable 
change in tariff classification (set forth in 
Annex 4.1 of the Agreement), 
does not exceed 10 percent of the adjusted 
value of the good; 
(ii) the good meets all other applicable re-
quirements of this section; and 
(iii) the value of such nonoriginating mate-
rials is included in the value of nonoriginating 
materials for any applicable regional value-con-
tent requirement for the good; or 
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(B) the good meets the requirements set 
forth in paragraph 2 of Annex 4.6 of the Agree-
ment. 
(2) EXCEPTIONS.—Paragraph (1) does not 
apply to the following: 
(A) 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 
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. 
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(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. 
(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. 
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(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. 
(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 
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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 
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 
February 12, 2011). 
(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 Colombia, the United States, or 
both. 
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(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-
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 
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country in which the production is 
performed (whether Colombia 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-
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— 
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(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. 
(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-
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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. 
(l) TRANSIT AND TRANSHIPMENT.—A good that has 
undergone production necessary to qualify as an origi-
nating good under subsection (b) shall not be considered 
to be an originating good if, subsequent to that produc-
tion, the good— 
(1) undergoes further production or any other 
operation outside the territory of Colombia or the 
United States, other than unloading, reloading, or 
any other operation necessary to preserve the good 
in good condition or to transport the good to the ter-
ritory of Colombia or the United States; or 
(2) does not remain under the control of cus-
toms authorities in the territory of a country other 
than Colombia or the United States. 
(m) GOODS CLASSIFIABLE AS GOODS PUT UP IN 
SETS.—Notwithstanding the rules set forth in Annex 3- 
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A and Annex 4.1 of the Agreement, goods classifiable as 
goods put up in sets for retail sale as provided for in Gen-
eral Rule of Interpretation 3 of the HTS shall not be con-
sidered to be originating goods unless— 
(1) each of the goods in the set is an origi-
nating good; or 
(2) the total value of the nonoriginating goods 
in the set does not exceed— 
(A) in the case of textile or apparel goods, 
10 percent of the adjusted value of the set; or 
(B) in the case of goods, other than textile 
or apparel goods, 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-
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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, 
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 
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which are essentially identical to such other good or 
material. 
(4) GENERALLY ACCEPTED ACCOUNTING PRIN-
CIPLES.—The term ‘‘generally accepted accounting 
principles’’— 
(A) means the recognized consensus or 
substantial authoritative support given in the 
territory of Colombia or the United States, as 
the case may be, with respect to the recording 
of revenues, expenses, costs, assets, and liabil-
ities, the disclosure of information, and the 
preparation of financial statements; and 
(B) may encompass broad guidelines for 
general application as well as detailed stand-
ards, practices, and procedures. 
(5) GOOD WHOLLY OBTAINED OR PRODUCED 
ENTIRELY IN THE TERRITORY OF COLOMBIA, THE 
UNITED STATES, OR BOTH.—The term ‘‘good wholly 
obtained or produced entirely in the territory of Co-
lombia, the United States, or both’’ means any of 
the following: 
(A) Plants and plant products harvested or 
gathered in the territory of Colombia, the 
United States, or both. 
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(B) Live animals born and raised in the 
territory of Colombia, the United States, or 
both. 
(C) Goods obtained in the territory of Co-
lombia, the United States, or both from live 
animals. 
(D) Goods obtained from hunting, trap-
ping, fishing, or aquaculture conducted in the 
territory of Colombia, the United States, or 
both. 
(E) Minerals and other natural resources 
not included in subparagraphs (A) through (D) 
that are extracted or taken from the territory 
of Colombia, the United States, or both. 
(F) Fish, shellfish, and other marine life 
taken from the sea, seabed, or subsoil outside 
the territory of Colombia or the United States 
by— 
(i) a vessel that is registered or re-
corded with Colombia and flying the flag of 
Colombia; or 
(ii) a vessel that is documented under 
the laws of the United States. 
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(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 Co-
lombia and flies the flag of Colombia; or 
(ii) is a vessel that is documented 
under the laws of the United States. 
(H)(i) Goods taken by Colombia or a per-
son of Colombia from the seabed or subsoil out-
side the territorial waters of Colombia, if Co-
lombia has rights to exploit such seabed or sub-
soil. 
(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 
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 Colombia or the United 
States or a person of Colombia or the United 
States and not processed in the territory of a 
country other than Colombia or the United 
States. 
(J) Waste and scrap derived from— 
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(i) manufacturing or processing oper-
ations in the territory of Colombia, the 
United States, or both; or 
(ii) used goods collected in the terri-
tory of Colombia, the United States, or 
both, if such goods are fit only for the re-
covery of raw materials. 
(K) Recovered goods derived in the terri-
tory of Colombia, the United States, or both, 
from used goods, and used in the territory of 
Colombia, the United States, or both, in the 
production of remanufactured goods. 
(L) Goods, at any stage of production, pro-
duced in the territory of Colombia, the United 
States, or both, exclusively from— 
(i) goods referred to in any of sub-
paragraphs (A) through (J); or 
(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-
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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 
(H) any other good that is 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. 
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(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 nonallowable 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 
comparable maturities of the country in which the 
producer is located. 
(13) NONORIGINATING
GOOD
OR
NONORIGI-
NATING
MATERIAL.—The 
term 
‘‘nonoriginating 
good’’ or ‘‘nonoriginating material’’ means a good or 
material, as the case may be, that does not qualify 
as originating under this section. 
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(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 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— 
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(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, 
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 
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(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. 
(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. 
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(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 
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-
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tion 104, the President may proclaim before the 
end of the 1-year period beginning on the date 
on which the Agreement enters into force, 
modifications to correct any typographical, cler-
ical, or other nonsubstantive technical error re-
garding the provisions of chapters 50 through 
63 (as included in Annex 3-A of the Agree-
ment). 
(4) FABRICS, YARNS, OR FIBERS NOT AVAIL-
ABLE
IN
COMMERCIAL
QUANTITIES
IN
COLOMBIA 
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) INTERESTED ENTITY.—The term 
‘‘interested entity’’ means the Government 
of Colombia, a potential or actual pur-
chaser of a textile or apparel good, or a po-
tential or actual supplier of a textile or ap-
parel good. 
(ii) DAY; DAYS.—All references to 
‘‘day’’ and ‘‘days’’ exclude Saturdays, Sun-
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days, and legal holidays observed by the 
Government of the United States. 
(C) REQUESTS TO ADD FABRICS, YARNS, 
OR FIBERS.— 
(i) IN GENERAL.—An interested entity 
may request the President to determine 
that a fabric, yarn, or fiber is not available 
in commercial quantities in a timely man-
ner in Colombia and the United States and 
to add that fabric, yarn, or fiber to the list 
in Annex 3-B of the Agreement in a re-
stricted or unrestricted quantity. 
(ii) DETERMINATION.—After receiving 
a request under clause (i), the President 
may determine whether— 
(I) the fabric, yarn, or fiber is 
available in commercial quantities in a 
timely manner in Colombia or the 
United States; or 
(II) any interested entity objects 
to the request. 
(iii) PROCLAMATION
AUTHORITY.— 
The President may, within the time peri-
ods specified in clause (iv), proclaim that 
the fabric, yarn, or fiber that is the subject 
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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 Presi-
dent 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 ob-
jected to the request. 
(iv) TIME PERIODS.—The time peri-
ods 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 sub-
mitted under clause (i); or 
(II) not later than 44 days after 
the request is submitted, if the Presi-
dent determines, within 30 days after 
the date on which the request is sub-
mitted, that the President does not 
have sufficient information to make a 
determination under clause (ii). 
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(v) 
EFFECTIVE
DATE.—Notwith-
standing section 103(a)(2), a proclamation 
made under clause (iii) shall take effect on 
the date on which the text of the proclama-
tion is published in the Federal Register. 
(vi) SUBSEQUENT ACTION.—Not later 
than 6 months after proclaiming 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 
President may eliminate the restriction if 
the President determines that the fabric, 
yarn, or fiber is not available in commer-
cial quantities in a timely manner in Co-
lombia 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— 
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(i) 45 days after the date on which 
the request is submitted; or 
(ii) 60 days after the date on which 
the request is submitted, if the President 
made a determination under subparagraph 
(C)(iv)(II). 
(E) REQUESTS TO RESTRICT OR REMOVE 
FABRICS, YARNS, OR FIBERS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), an interested entity may request the 
President to restrict the quantity of, or re-
move 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 pursu-
ant to paragraph (2) or subparagraph 
(C)(iii) or (D) of this paragraph; or 
(II) with respect to which the 
President has eliminated a restriction 
under subparagraph (C)(vi). 
(ii) TIME PERIOD FOR SUBMISSION.— 
An interested entity may submit a request 
under clause (i) at any time beginning on 
the date that is 6 months after the date of 
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the action described in subclause (I) or (II) 
of that clause. 
(iii) PROCLAMATION
AUTHORITY.— 
Not later than 30 days after the date on 
which a request under clause (i) is sub-
mitted, the President may proclaim an ac-
tion 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 commercial quantities in a 
timely manner in Colombia or the United 
States. 
(iv) EFFECTIVE DATE.—A proclama-
tion issued under clause (iii) may not take 
effect earlier than the date that is 6 
months after the date on which the text of 
the proclamation is published in the Fed-
eral Register. 
(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-
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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 (19), the following: 
‘‘(20) 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–Co-
lombia Trade Promotion Agreement Implementation Act. 
Any service for which an exemption from such fee is pro-
vided 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 (12) as 
paragraph (13); and 
(B) by inserting after paragraph (11) the 
following new paragraph: 
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‘‘(12) 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-
tion and pays any duties owing with respect to that 
good.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(k) 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 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 Agree-
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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 CTPA certification 
of origin has reason to believe that such certification 
contains or is based on incorrect information, the ex-
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. 
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1514) is amended by adding at the end the following new 
subsection: 
‘‘(k) 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-
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. 
Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 
1520(d)) is amended in the matter preceding paragraph 
(1)— 
(1) by striking ‘‘or’’; and 
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(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 (j) as sub-
section (k); 
(2) by inserting after subsection (i) the fol-
lowing new subsection: 
‘‘(j) 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 
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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 Pro-
motion Agreement that a good qualifies as an 
originating 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 
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(3) in subsection (k), as so redesignated by 
striking ‘‘(h), or (i)’’ and inserting ‘‘(h), (i), or (j)’’. 
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 
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 
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(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— 
(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 of the Treasury determines that 
there is insufficient information to support any 
claim for preferential 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 
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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 
(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 a person has provided incorrect in-
formation to support that claim; 
(3) detention of any textile or apparel good ex-
ported 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 subsection (a)(2)(B), if the Sec-
retary determines that there is insufficient informa-
tion to determine the country of origin of any such 
good; and 
(4) 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 
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subsection (a)(2)(A) or a claim described in sub-
section (a)(2)(B), if the Secretary determines that 
the person has provided incorrect information as to 
the country of origin of any such good. 
(c) ACTION ON COMPLETION OF A VERIFICATION.— 
On completion of a verification under subsection (a)(1), 
the President may direct the Secretary of the Treasury 
to take appropriate action described in subsection (d) until 
such time as the Secretary receives information sufficient 
to make the determination under subsection (a)(2) or until 
such earlier date as the President may direct. 
(d) APPROPRIATE
ACTION
DESCRIBED.—Appro-
priate action under subsection (c) includes— 
(1) 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 of the Treasury determines that 
there is insufficient information to support, or 
that the person has provided incorrect informa-
tion to support, any claim for preferential tariff 
treatment that has been made with respect to 
any such good; or 
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(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, 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 
of the Treasury 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 
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(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 
(3) any proclamation issued under section 
203(o). 
TITLE III—RELIEF FROM 
IMPORTS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) COLOMBIAN ARTICLE.—The term ‘‘Colom-
bian article’’ means an article that qualifies as an 
originating good under section 203(b). 
(2) COLOMBIAN
TEXTILE
OR
APPAREL
ARTI-
CLE.—The term ‘‘Colombian textile or apparel arti-
cle’’ means a textile or apparel good (as defined in 
section 3(4)) that is a Colombian article. 
Subtitle A—Relief From Imports 
Benefitting 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 
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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. 
(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 Colombian 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 Colombian 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). 
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(2) Subsection (c). 
(3) Subsection (i). 
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No 
investigation may be initiated under this section with re-
spect to any Colombian article if, after the date on which 
the Agreement enters into force, import relief has been 
provided with respect to that Colombian 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 
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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)(1)), the 
Commission shall find, and recommend to the Presi-
dent in the report required under subsection (d), the 
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. 
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(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— 
(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 a 
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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. 
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. 
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(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 
(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-
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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 
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-
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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 
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. 
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(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 
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— 
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(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 
(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.). 
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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 
(2) by inserting before the period at the end ‘‘, 
and title III of the United States–Colombia Trade 
Promotion 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. 
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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-
termine whether, as a result of the elimination of a 
duty under the Agreement, a Colombian textile or 
apparel article is being imported into the United 
States in such increased quantities, in absolute 
terms or relative to the domestic market for that ar-
ticle, and under such conditions as to cause serious 
damage, or actual threat thereof, to a domestic in-
dustry producing 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-
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mination of serious damage or actual threat 
thereof. 
(b) PROVISION OF RELIEF.— 
(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. 
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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.— 
(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 
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(2) the article is subject to import relief 
under— 
(A) subtitle A; or 
(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 
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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 
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 COLOMBIAN ARTI-
CLES. 
(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 (19 U.S.C. 1330(d)), the Commission shall also 
find (and report to the President at the time such injury 
determination is submitted to the President) whether im-
ports of the Colombian article are a substantial cause of 
serious injury or threat thereof. 
(b) PRESIDENTIAL DETERMINATION REGARDING CO-
LOMBIAN ARTICLES.—In determining the nature and ex-
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tent 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 Presi-
dent may exclude from the action Colombian articles with 
respect 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 (vii); 
(2) by striking the period at the end of clause 
(viii) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(ix) a party to the United States–Co-
lombia Trade Promotion Agreement, a 
product or service of that country or in-
strumentality which is covered under that 
agreement for procurement by the United 
States.’’. 
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TITLE V—EXTENSION OF ANDE-
AN TRADE PREFERENCE ACT 
SEC. 501. EXTENSION OF ANDEAN TRADE PREFERENCE 
ACT. 
(a) EXTENSION.—Section 208(a) of the Andean 
Trade Preference Act (19 U.S.C. 3206(a)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘February 
12, 2011’’ and inserting ‘‘July 31, 2013’’; and 
(2) in paragraph (2), by striking ‘‘February 12, 
2011’’ and inserting ‘‘July 31, 2013’’. 
(b) TREATMENT OF CERTAIN APPAREL ARTICLES.— 
Section 204(b)(3) of the Andean Trade Preference Act 
(19 U.S.C. 3203(b)(3)) is amended— 
(1) in subparagraph (B)— 
(A) in clause (iii)— 
(i) in subclause (II), by striking ‘‘8 
succeeding 1-year periods’’ and inserting 
‘‘10 succeeding 1-year periods’’; and 
(ii) in subclause (III)(bb), by striking 
‘‘and for the succeeding 3-year period’’ and 
inserting ‘‘and for the succeeding 5-year 
period’’; and 
(B) in clause (v)(II), by striking ‘‘7 suc-
ceeding 1-year periods’’ and inserting ‘‘9 suc-
ceeding 1-year periods’’; and 
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(2) in subparagraph (E)(ii)(II), by striking 
‘‘February 12, 2011’’ and inserting ‘‘July 31, 
2013’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall apply to articles entered on or after 
the 15th day after the date of the enactment of this 
Act. 
(2) RETROACTIVE APPLICATION FOR CERTAIN 
LIQUIDATIONS AND RELIQUIDATIONS.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 514 of the Tariff Act of 1930 (19 U.S.C. 
1514) or any other provision of law and subject 
to subparagraph (B), any entry of an article to 
which duty-free treatment or other preferential 
treatment under the Andean Trade Preference 
Act would have applied if the entry had been 
made on February 12, 2011, that was made— 
(i) after February 12, 2011, and 
(ii) before the 15th day after the date 
of the enactment of this Act, 
shall be liquidated or reliquidated as though 
such entry occurred on the date that is 15 days 
after the date of the enactment of this Act. 
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(B) REQUESTS.—A liquidation or reliqui-
dation may be made under subparagraph (A) 
with respect to an entry only if a request there-
for is filed with U.S. Customs and Border Pro-
tection not later than 180 days after the date 
of the enactment of this Act that contains suffi-
cient information to enable U.S. Customs and 
Border Protection— 
(i) to locate the entry; or 
(ii) to reconstruct the entry if it can-
not be located. 
(C) PAYMENT OF AMOUNTS OWED.—Any 
amounts owed by the United States pursuant to 
the liquidation or reliquidation of an entry of 
an article under subparagraph (A) shall be 
paid, without interest, not later than 90 days 
after the date of the liquidation or reliquidation 
(as the case may be). 
(3) DEFINITION.—As used in this subsection, 
the term ‘‘entry’’ includes a withdrawal from ware-
house for consumption. 
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TITLE VI—OFFSETS 
SEC. 601. ELIMINATION OF CERTAIN NAFTA CUSTOMS FEES 
EXEMPTION. 
(a) IN GENERAL.—Section 13031(b)(1)(A)(i) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 
(19 U.S.C. 58c(b)(1)(A)(i)) is amended to read as follows: 
‘‘(i) the arrival of any passenger whose jour-
ney— 
‘‘(I) originated in a territory or possession 
of the United States; or 
‘‘(II) originated in the United States and 
was limited to territories and possessions of the 
United States;’’. 
(b) USE OF FEES.—The fees collected as a result of 
the amendment made by this section shall be deposited 
in the Customs User Fee Account, shall be available for 
reimbursement of customs services and inspections costs, 
and shall be available only to the extent provided in appro-
priations Acts. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply to passengers arriv-
ing from Canada, Mexico, or an adjacent island on or after 
the date that is 15 days after the date of the enactment 
of this Act. 
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SEC. 602. EXTENSION OF CUSTOMS USER FEES. 
Section 13031(j)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) 
is amended by adding at the end the following: 
‘‘(C)(i) Notwithstanding subparagraph (A), fees may 
be charged under paragraphs (9) and (10) of subsection 
(a) during the period beginning on August 3, 2021, and 
ending on September 30, 2021. 
‘‘(ii) Notwithstanding subparagraph (B)(i), fees may 
be charged under paragraphs (1) through (8) of sub-
section (a) during the period beginning on December 9, 
2020, and ending on August 31, 2021.’’. 
SEC. 603. TIME FOR PAYMENT OF CORPORATE ESTIMATED 
TAXES. 
Notwithstanding section 6655 of the Internal Rev-
enue Code of 1986, in the case of a corporation with assets 
of not less than $1,000,000,000 (determined as of the end 
of the preceding taxable year)— 
(1) the amount of any required installment of 
corporate estimated tax which is otherwise due in 
July, August, or September of 2016 shall be in-
creased by 0.50 percent of such amount (determined 
without regard to any increase in such amount not 
contained in such Code); and 
(2) the amount of the next required installment 
after an installment referred to in paragraph (1) 
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shall be appropriately reduced to reflect the amount 
of the increase by reason of such paragraph. 
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Union Calendar No. 156 
112TH CONGRESS 
1ST SESSION 
H. R. 3078 
[Report No. 112–237] 
A BILL 
To implement the United States–Colombia Trade 
Promotion Agreement. 
OCTOBER 6, 2011 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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