To extend the Andean Trade Preference Act, and for other purposes.
PL 110-436 (H.R.7222), enacted 10/16/2008

122 STAT. 4976 
PUBLIC LAW 110–436—OCT. 16, 2008 
Public Law 110–436 
110th Congress 
An Act 
To extend the Andean Trade Preference Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. 
(a) EXTENSION.—Section 208 of the Andean Trade Preference 
Act (19 U.S.C. 3206) is amended to read as follows: 
‘‘SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT. 
‘‘(a) IN GENERAL.—No duty-free treatment or other preferential 
treatment extended to beneficiary countries under this title shall— 
‘‘(1) remain in effect with respect to Colombia or Peru 
after December 31, 2009; 
‘‘(2) remain in effect with respect to Ecuador after June 
30, 2009, except that duty-free treatment and other preferential 
treatment under this title shall remain in effect with respect 
to Ecuador during the period beginning on July 1, 2009, and 
ending on December 31, 2009, unless the President reviews 
the criteria set forth in section 203, and on or before June 
30, 2009, reports to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Rep-
resentatives pursuant to subsection (b) that— 
‘‘(A) the President has determined that Ecuador does 
not satisfy the requirements set forth in section 203(c) 
for being designated as a beneficiary country; and 
‘‘(B) in making that determination, the President has 
taken into account each of the factors set forth in section 
203(d); and 
‘‘(3) remain in effect with respect to Bolivia after June 
30, 2009, except that duty-free treatment and other preferential 
treatment under this title shall remain in effect with respect 
to Bolivia during the period beginning on July 1, 2009, and 
ending on December 31, 2009, only if the President reviews 
the criteria set forth in section 203, and on or before June 
30, 2009, reports to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Rep-
resentatives pursuant to subsection (b) that— 
‘‘(A) the President has determined that Bolivia satisfies 
the requirements set forth in section 203(c) for being des-
ignated as a beneficiary country; and 
‘‘(B) in making that determination, the President has 
taken into account each of the factors set forth in section 
203(d). 
Foreign 
countries. 
Time period. 
Reports. 
Deadline. 
President. 
Oct. 16, 2008 
[H.R. 7222] 
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122 STAT. 4977 
PUBLIC LAW 110–436—OCT. 16, 2008 
‘‘(b) REPORTS.—On or before June 30, 2009, the President shall 
make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) 
and report to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives 
on— 
‘‘(1) such determinations; and 
‘‘(2) the reasons for such determinations.’’. 
(b) TREATMENT
OF
CERTAIN
APPAREL
ARTICLES.—Section 
204(b)(3) of such Act (19 U.S.C. 3203(b)(3)) is amended— 
(1) in subparagraph (B)— 
(A) in clause (iii)— 
(i) in subclause (II), by striking ‘‘6 succeeding 1- 
year periods’’ and inserting ‘‘7 succeeding 1-year 
periods’’; and 
(ii) in subclause (III)(bb), by striking ‘‘and for the 
succeeding 1-year period’’ and inserting ‘‘and for the 
succeeding 2-year period’’; and 
(B) in clause (v)(II), by striking ‘‘5 succeeding 1-year 
periods’’ and inserting ‘‘6 succeeding 1-year periods’’; and 
(2) in subparagraph (E)(ii)(II), by striking ‘‘December 31, 
2008’’ and inserting ‘‘December 31, 2009’’. 
SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM. 
(a) IN GENERAL.—Title IV of the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act 
(Public Law 109–53; 119 Stat. 495) is amended by adding at the 
end the following: 
‘‘SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM. 
‘‘(a) PREFERENTIAL TREATMENT.— 
‘‘(1) IN GENERAL.—Eligible apparel articles wholly assem-
bled in an eligible country and imported directly from an eligible 
country shall enter the United States free of duty, without 
regard to the source of the fabric or yarns from which the 
articles are made, if such apparel articles are accompanied 
by an earned import allowance certificate that reflects the 
amount of credits equal to the total square meter equivalents 
of fabric in such apparel articles, in accordance with the pro-
gram established under subsection (b). 
‘‘(2) DETERMINATION OF QUANTITY OF SME.—For purposes 
of determining the quantity of square meter equivalents under 
paragraph (1), the conversion factors listed in ‘Correlation: U.S. 
Textile and Apparel Industry Category System with the Har-
monized Tariff Schedule of the United States of America, 2008’, 
or its successor publications, of the United States Department 
of Commerce, shall apply. 
‘‘(b) EARNED IMPORT ALLOWANCE PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Commerce shall 
establish a program to provide earned import allowance certifi-
cates to any producer or entity controlling production of eligible 
apparel articles in an eligible country for purposes of subsection 
(a), based on the elements described in paragraph (2). 
‘‘(2) ELEMENTS.—The elements referred to in paragraph 
(1) are the following: 
‘‘(A) One credit shall be issued to a producer or an 
entity controlling production for every two square meter 
equivalents of qualifying fabric that the producer or entity 
Applicability. 
19 USC 4112. 
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122 STAT. 4978 
PUBLIC LAW 110–436—OCT. 16, 2008 
controlling production can demonstrate that it has pur-
chased for the manufacture in an eligible country of articles 
like or similar to any article eligible for preferential treat-
ment under subsection (a). The Secretary of Commerce 
shall, if requested by a producer or entity controlling 
production, create and maintain an account for such pro-
ducer or entity controlling production, into which such 
credits may be deposited. 
‘‘(B) Such producer or entity controlling production may 
redeem credits issued under subparagraph (A) for earned 
import allowance certificates reflecting such number of 
earned credits as the producer or entity may request and 
has available. 
‘‘(C) Any textile mill or other entity located in the 
United States that exports qualifying fabric to an eligible 
country may submit, upon such export or upon request, 
the Shipper’s Export Declaration, or successor documenta-
tion, to the Secretary of Commerce— 
‘‘(i) verifying that the qualifying fabric was 
exported to a producer or entity controlling production 
in an eligible country; and 
‘‘(ii) identifying such producer or entity controlling 
production, and the quantity and description of quali-
fying fabric exported to such producer or entity control-
ling production. 
‘‘(D) The Secretary of Commerce may require that a 
producer or entity controlling production submit docu-
mentation to verify purchases of qualifying fabric. 
‘‘(E) The Secretary of Commerce may make available 
to each person or entity identified in the documentation 
submitted under subparagraph (C) or (D) information con-
tained in such documentation that relates to the purchase 
of qualifying fabric involving such person or entity. 
‘‘(F) The program shall be established so as to allow, 
to the extent feasible, the submission, storage, retrieval, 
and disclosure of information in electronic format, including 
information with respect to the earned import allowance 
certificates required under subsection (a)(1). 
‘‘(G) The Secretary of Commerce may reconcile discrep-
ancies in the information provided under subparagraph 
(C) or (D) and verify the accuracy of such information. 
‘‘(H) The Secretary of Commerce shall establish proce-
dures to carry out the program under this section by Sep-
tember 30, 2008, and may establish additional require-
ments to carry out the program. 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘appropriate congressional committees’ means 
the Committee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate; 
‘‘(2) the term ‘eligible apparel articles’ means the following 
articles classified in chapter 62 of the HTS (and meeting the 
requirements of the rules relating to chapter 62 of the HTS 
contained in general note 29(n) of the HTS) of cotton (but 
not of denim): trousers, bib and brace overalls, breeches and 
shorts, skirts and divided skirts, and pants; 
‘‘(3) the term ‘eligible country’ means the Dominican 
Republic; and 
Procedures. 
Deadline. 
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122 STAT. 4979 
PUBLIC LAW 110–436—OCT. 16, 2008 
‘‘(4) the term ‘qualifying fabric’ means woven fabric of 
cotton wholly formed in the United States from yarns wholly 
formed in the United States and certified by the producer 
or entity controlling production as being suitable for use in 
the manufacture of apparel items such as trousers, bib and 
brace overalls, breeches and shorts, skirts and divided skirts 
or pants, all the foregoing of cotton, except that— 
‘‘(A) fabric otherwise eligible as qualifying fabric shall 
not be ineligible as qualifying fabric because the fabric 
contains nylon filament yarn with respect to which section 
213(b)(2)(A)(vii)(IV) of the Caribbean Basin Economic 
Recovery Act applies; 
‘‘(B) fabric that would otherwise be ineligible as quali-
fying fabric because the fabric contains yarns not wholly 
formed in the United States shall not be ineligible as 
qualifying fabric if the total weight of all such yarns is 
not more than 10 percent of the total weight of the fabric, 
except that any elastomeric yarn contained in an eligible 
apparel article must be wholly formed in the United States; 
and 
‘‘(C) fabric otherwise eligible as qualifying fabric shall 
not be ineligible as qualifying fabric because the fabric 
contains yarns or fibers that have been designated as not 
commercially available pursuant to— 
‘‘(i) article 3.25(4) or Annex 3.25 of the Agreement; 
‘‘(ii) Annex 401 of the North American Free Trade 
Agreement; 
‘‘(iii) section 112(b)(5) of the African Growth and 
Opportunity Act; 
‘‘(iv) section 204(b)(3)(B)(i)(III) or (ii) of the Andean 
Trade Preference Act; 
‘‘(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the 
Caribbean Basin Economic Recovery Act; or 
‘‘(vi) any other provision, relating to determining 
whether a textile or apparel article is an originating 
good eligible for preferential treatment, of a law that 
implements a free trade agreement entered into by 
the United States that is in effect at the time the 
claim for preferential treatment is made. 
‘‘(d) REVIEW AND REPORT.— 
‘‘(1) REVIEW.—The United States International Trade 
Commission shall carry out a review of the program under 
this section annually for the purpose of evaluating the effective-
ness of, and making recommendations for improvements in, 
the program. 
‘‘(2) REPORT.—The United States International Trade 
Commission shall submit to the appropriate congressional 
committees annually a report on the results of the review 
carried out under paragraph (1). 
‘‘(e) EFFECTIVE DATE AND APPLICABILITY.— 
‘‘(1) EFFECTIVE
DATE.—The program under this section 
shall be in effect for the 10-year period beginning on the date 
on which the President certifies to the appropriate congressional 
committees that sections A, B, C, and D of the Annex to 
Presidential Proclamation 8213 (December 20, 2007) have taken 
effect. 
President. 
Certification. 
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122 STAT. 4980 
PUBLIC LAW 110–436—OCT. 16, 2008 
‘‘(2) APPLICABILITY.—The program under this section shall 
apply with respect to qualifying fabric exported to an eligible 
country on or after August 1, 2007.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for the 
Dominican Republic-Central America-United States Free Trade 
Agreement Implementation Act is amended by inserting after the 
item relating to section 403 the following: 
‘‘Sec. 404. Earned import allowance program.’’. 
SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT. 
(a) IN GENERAL.—Section 112 of the African Growth and Oppor-
tunity Act (19 U.S.C. 3721) is amended— 
(1) in subsection (b)(6)(A), by striking ‘‘ethic’’ in the second 
sentence and inserting ‘‘ethnic’’; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘, and subject to 
paragraph (2),’’; 
(B) by striking paragraphs (2) and (3); 
(C) in paragraph (4)— 
(i) by striking ‘‘Subsection (b)(3)(C)’’ and inserting 
‘‘Subsection (b)(3)(B)’’; and 
(ii) by redesignating such paragraph (4) as para-
graph (2); and 
(D) by striking paragraph (5) and inserting the fol-
lowing: 
‘‘(3) DEFINITION.—In this subsection, the term ‘lesser devel-
oped beneficiary sub-Saharan African country’ means— 
‘‘(A) a beneficiary sub-Saharan African country that 
had a per capita gross national product of less than $1,500 
in 1998, as measured by the International Bank for 
Reconstruction and Development; 
‘‘(B) Botswana; 
‘‘(C) Namibia; and 
‘‘(D) Mauritius.’’. 
(b) APPLICABILITY.—The amendments made by subsection (a) 
apply to goods entered, or withdrawn from warehouse for consump-
tion, on or after the 15th day after the date of the enactment 
of this Act. 
(c) REVIEW AND REPORTS.— 
(1) ITC REVIEW AND REPORT.— 
(A) REVIEW.—The United States International Trade 
Commission shall conduct a review to identify yarns, fab-
rics, and other textile and apparel inputs that through 
new or increased investment or other measures can be 
produced competitively in beneficiary sub-Saharan African 
countries. 
(B) REPORT.—Not later than 7 months after the date 
of the enactment of this Act, the United States Inter-
national Trade Commission shall submit to the appropriate 
congressional committees and the Comptroller General a 
report on the results of the review carried out under 
subparagraph (A). 
(2) GAO REPORT.—Not later than 90 days after the submis-
sion of the report under paragraph (1)(B), the Comptroller 
General shall submit to the appropriate congressional commit-
tees a report that, based on the results of the report submitted 
19 USC 3721 
note. 
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122 STAT. 4981 
PUBLIC LAW 110–436—OCT. 16, 2008 
under paragraph (1)(B) and other available information, con-
tains recommendations for changes to United States trade pref-
erence programs, including the African Growth and Oppor-
tunity Act (19 U.S.C. 3701 et seq.) and the amendments made 
by that Act, to provide incentives to increase investment and 
other measures necessary to improve the competitiveness of 
beneficiary sub-Saharan African countries in the production 
of yarns, fabrics, and other textile and apparel inputs identified 
in the report submitted under paragraph (1)(B), including 
changes to requirements relating to rules of origin under such 
programs. 
(3) DEFINITIONS.—In this subsection— 
(A) the term ‘‘appropriate congressional committees’’ 
means the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the 
Senate; and 
(B) the term ‘‘beneficiary sub-Saharan African coun-
tries’’ has the meaning given the term in section 506A(c) 
of the Trade Act of 1974 (19 U.S.C. 2466a(c)). 
(d) CLERICAL AMENDMENT.—Section 6002(a)(2)(B) of Public Law 
109–432 is amended by striking ‘‘(B) by striking’’ and inserting 
‘‘(B) in paragraph (3), by striking’’. 
SEC. 4. GENERALIZED SYSTEM OF PREFERENCES. 
Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is 
amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
SEC. 5. CUSTOMS USER FEES. 
(a) IN GENERAL.—Section 13031(j)(3) of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘November 14, 2017’’ 
and inserting ‘‘February 14, 2018’’; and 
(2) in subparagraph (B)(i), by striking ‘‘October 7, 2017’’ 
and inserting ‘‘January 31, 2018’’. 
(b) REPEAL.—Section 15201 of the Food, Conservation, and 
Energy Act of 2008 (Public Law 110–246) is amended by striking 
subsections (c) and (d). 
SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. 
The percentage under subparagraph (C) of section 401(1) of 
the Tax Increase Prevention and Reconciliation Act of 2005 in 
effect on the date of the enactment of this Act is increased by 
2 percentage points. 
SEC. 7. TECHNICAL CORRECTIONS. 
Section 15402 of the Food, Conservation, and Energy Act of 
2008 (Public Law 110–246) is amended— 
(1) in subsections (a) and (b), by striking ‘‘Carribean’’ each 
place it appears and inserting ‘‘Caribbean’’; and 
Ante, p. 2289. 
26 USC 6655 
note. 
Ante, p. 2262. 
19 USC 3721. 
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