I 
107TH CONGRESS 
2D SESSION 
H. R. 5650
To expand certain preferential trade treatment for Haiti. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2002
Mr. GILMAN introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To expand certain preferential trade treatment for Haiti.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Haiti Economic Recov-
ery Opportunity Act of 2002’’. 
SEC. 2. TRADE BENEFITS TO HAITI. 
(a) IN GENERAL.—The Caribbean Basin Economic 
Recovery Act (19 U.S.C. 2701 et seq.) is amended by in-
serting after section 213 the following new section: 
‘‘SEC. 213A. SPECIAL RULE FOR HAITI. 
‘‘(a) IN GENERAL.—In addition to any other pref-
erential treatment under this Act, in each 12-month pe-
riod beginning on October 1, 2002, apparel articles de-
scribed in subsection (b) that are imported directly into 
the customs territory of the United States from Haiti shall 
enter the United States free of duty, subject to the limita-
tions described in subsections (b) and (c), if Haiti has sat-
isfied the requirements set forth in subsection (d). 
‘‘(b) APPAREL ARTICLES DESCRIBED.—Apparel arti-
cles described in this subsection are apparel articles that 
are wholly assembled or knit-to-shape in Haiti exclusively 
from any combination of fabrics, fabric components, com-
ponents knit-to-shape, and yarns formed in one or more 
of the following countries: 
‘‘(1) The United States. 
‘‘(2) Any country that is party to a free trade 
agreement with the United States, on January 1, 
2002. 
‘‘(3) Any country that enters into a free trade 
agreement with the United States subject to the pro-
visions of title XXI of the Trade Act of 2002 (Public 
Law 107–210). 
‘‘(4) Any country designated as a beneficiary 
country under—
‘‘(A) section 213(b)(5)(B) of this Act; 
‘‘(B) section 506A(a)(1) of the Trade Act 
of 1974 (19 U.S.C. 2466a(a)(1)); or
‘‘(C) section 204(b)(6)(B) of the Andean 
Trade 
Preference 
Act 
(19 
U.S.C. 
3203(b)(6)(B)). 
‘‘(5) Any country, if the fabrics or yarns are 
designated as not being commercially available in the 
United States for the purposes of NAFTA (Annex 
401), the Caribbean Basin Trade Partnership Act, 
the African Opportunity and Growth Act, or the An-
dean Trade Promotion and Drug Eradication Act. 
‘‘(c) PREFERENTIAL TREATMENT.—The preferential 
treatment described in subsection (a), shall be extended—
‘‘(1) during the 12-month period beginning on 
October 1, 2002, to a quantity of apparel articles 
that is equal to 1.5 percent of the aggregate square 
meter equivalents of all apparel articles imported 
into the United States during the 12-month period 
beginning October 1, 2001; and 
‘‘(2) during the 12-month period beginning on 
October 1 of each succeeding year, to a quantity of 
apparel articles that is equal to the product of—
‘‘(A) the percentage applicable during the 
previous 12-month period plus 0.5 percent (but 
not over 3.5 percent); and 
‘‘(B) the aggregate square meter equiva-
lents of all apparel articles imported into the
United States during the 12-month period that 
ends on September 30 of that year. 
‘‘(d) ELIGIBILITY REQUIREMENTS.—Haiti shall be 
eligible for preferential treatment under this section if the 
President determines and certifies to Congress that 
Haiti—
‘‘(1) has established, or is making continual 
progress toward establishing—
‘‘(A) a market-based economy that protects 
private property rights, incorporates an open 
rules-based trading system, and minimizes gov-
ernment interference in the economy through 
measures such as price controls, subsidies, and 
government ownership of economic assets; 
‘‘(B) the rule of law, political pluralism, 
and the right to due process, a fair trial, and 
equal protection under the law; 
‘‘(C) the elimination of barriers to United 
States trade and investment, including by—
‘‘(i) the provision of national treat-
ment and measures to create an environ-
ment conducive to domestic and foreign in-
vestment; 
‘‘(ii) the protection of intellectual 
property; and
‘‘(iii) the resolution of bilateral trade 
and investment disputes; 
‘‘(D) economic policies to reduce poverty, 
increase the availability of health care and edu-
cational opportunities, expand physical infra-
structure, promote the development of private 
enterprise, and encourage the formation of cap-
ital markets through microcredit or other pro-
grams; 
‘‘(E) a system to combat corruption and 
bribery, such as signing and implementing the 
Convention on Combating Bribery of Foreign 
Public Officials in International Business 
Transactions; and 
‘‘(F) protection of internationally recog-
nized worker rights, including the right of asso-
ciation, the right to organize and bargain collec-
tively, a prohibition on the use of any form of 
forced or compulsory labor, a minimum age for 
the employment of children, and acceptable con-
ditions of work with respect to minimum wages, 
hours of work, and occupational safety and 
health;
‘‘(2) does not engage in activities that under-
mine United States national security or foreign pol-
icy interests; and 
‘‘(3) does not engage in gross violations of 
internationally recognized human rights or provide 
support for acts of international terrorism and co-
operates in international efforts to eliminate human 
rights violations and terrorist activities.’’. 
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendment made by 
subsection (a) applies with respect to goods entered, 
or withdrawn from warehouse for consumption, on 
or after October 1, 2002. 
(2) RETROACTIVE
APPLICATION
TO
CERTAIN 
ENTRIES.—Notwithstanding section 514 of the Tar-
iff Act of 1930 (19 U.S.C. 1514) or any other provi-
sion of law, upon proper request filed with the Cus-
toms Service before the 90th day after the date of 
the enactment of this Act, any entry or withdrawal 
from warehouse for consumption, of any goods de-
scribed in the amendment made by subsection (a)— 
(A) that was made on or after October 1, 
2002, and before the date of the enactment of 
this Act, and
(B) with respect to which there would have 
been no duty if the amendment made by sub-
section (a) applied to such entry or withdrawal, 
shall be liquidated or reliquidated as though such 
amendment applied to such entry or withdrawal.
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