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H.R. 3009 (107th): Trade Act of 2002


The text of the bill below is as of Dec 14, 2001 (Reported by Senate Committee).


HR 3009 RS

Calendar No. 295

107th CONGRESS

1st Session

H. R. 3009

[Report No. 107-126]

To extend the Andean Trade Preference Act, to grant additional trade benefits under that Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

November 16, 2001

Received; read twice and referred to the Committee on Finance

December 14, 2001

Reported by Mr. BAUCUS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


AN ACT

To extend the Andean Trade Preference Act, to grant additional trade benefits under that Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Andean Trade Promotion and Drug Eradication Act’. [<-Struck out]

[Struck out->] SEC. 2. FINDINGS. [<-Struck out]

    [Struck out->] Congress makes the following findings: [<-Struck out]

      [Struck out->] (1) Since the Andean Trade Preference Act was enacted in 1991, it has had a positive impact on United States trade with Bolivia, Colombia, Ecuador, and Peru. Two-way trade has doubled, with the United States serving as the leading source of imports and leading export market for each of the Andean beneficiary countries. This has resulted in increased jobs and expanded export opportunities in both the United States and the Andean region. [<-Struck out]

      [Struck out->] (2) The Andean Trade Preference Act has been a key element in the United States counternarcotics strategy in the Andean region, promoting export diversification and broad-based economic development that provides sustainable economic alternatives to drug-crop production, strengthening the legitimate economies of Andean countries and creating viable alternatives to illicit trade in coca. [<-Struck out]

      [Struck out->] (3) Notwithstanding the success of the Andean Trade Preference Act, the Andean region remains threatened by political and economic instability and fragility, vulnerable to the consequences of the drug war and fierce global competition for its legitimate trade. [<-Struck out]

      [Struck out->] (4) The continuing instability in the Andean region poses a threat to the security interests of the United States and the world. This problem has been partially addressed through foreign aid, such as Plan Colombia, enacted by Congress in 2000. However, foreign aid alone is not sufficient. Enhancement of legitimate trade with the United States provides an alternative means for reviving and stabilizing the economies in the Andean region. [<-Struck out]

      [Struck out->] (5) The Andean Trade Preference Act constitutes a tangible commitment by the United States to the promotion of prosperity, stability, and democracy in the beneficiary countries. [<-Struck out]

      [Struck out->] (6) Renewal and enhancement of the Andean Trade Preference Act will bolster the confidence of domestic private enterprise and foreign investors in the economic prospects of the region, ensuring that legitimate private enterprise can be the engine of economic development and political stability in the region. [<-Struck out]

      [Struck out->] (7) Each of the Andean beneficiary countries is committed to conclude negotiation of a Free Trade Area of the Americas by the year 2005, as a means of enhancing the economic security of the region. [<-Struck out]

      [Struck out->] (8) Temporarily enhancing trade benefits for Andean beneficiary countries will promote the growth of free enterprise and economic opportunity in these countries and serve the security interests of the United States, the region, and the world. [<-Struck out]

[Struck out->] SEC. 3. ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT. [<-Struck out]

    [Struck out->] (a) ELIGIBILITY OF CERTAIN ARTICLES- Section 204 of the Andean Trade Preference Act (19 U.S.C. 3203) is amended-- [<-Struck out]

      [Struck out->] (1) by striking subsection (c) and redesignating subsections (d) through (g) as subsections (c) through (f), respectively; and [<-Struck out]

      [Struck out->] (2) by amending subsection (b) to read as follows: [<-Struck out]

    [Struck out->]

    ‘(b) EXCEPTIONS AND SPECIAL RULES- [<-Struck out]

      [Struck out->]

      ‘(1) CERTAIN ARTICLES THAT ARE NOT IMPORT-SENSITIVE- The President may proclaim duty-free treatment under this title for any article described in subparagraph (A), (B), (C), or (D) that is the growth, product, or manufacture of an ATPDEA beneficiary country and that meets the requirements of this section, if the President determines that such article is not import-sensitive in the context of imports from ATPDEA beneficiary countries: [<-Struck out]

        [Struck out->]

        ‘(A) Footwear not designated at the time of the effective date of this Act as eligible for the purpose of the generalized system of preferences under title V of the Trade Act of 1974. [<-Struck out]

        [Struck out->]

        ‘(B) Petroleum, or any product derived from petroleum, provided for in headings 2709 and 2710 of the HTS. [<-Struck out]

        [Struck out->]

        ‘(C) Watches and watch parts (including cases, bracelets and straps), of whatever type including, but not limited to, mechanical, quartz digital or quartz analog, if such watches or watch parts contain any material which is the product of any country with respect to which HTS column 2 rates of duty apply. [<-Struck out]

        [Struck out->]

        ‘(D) Handbags, luggage, flat goods, work gloves, and leather wearing apparel that were not designated on August 5, 1983, as eligible articles for purposes of the generalized system of preferences under title V of the Trade Act of 1974. [<-Struck out]

      [Struck out->]

      ‘(2) EXCLUSIONS- Subject to paragraph (3), duty-free treatment under this title may not be extended to-- [<-Struck out]

        [Struck out->]

        ‘(A) textiles and apparel articles which were not eligible articles for purposes of this title on January 1, 1994, as this title was in effect on that date; [<-Struck out]

        [Struck out->]

        ‘(B) rum and tafia classified in subheading 2208.40 of the HTS; or [<-Struck out]

        [Struck out->]

        ‘(C) sugars, syrups, and sugar-containing products subject to over-quota duty rates under applicable tariff-rate quotas. [<-Struck out]

      [Struck out->]

      ‘(3) APPAREL ARTICLES- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- Apparel articles that are imported directly into the customs territory of the United States from an ATPDEA beneficiary country shall enter the United States free of duty and free of any quantitative restrictions, limitations, or consultation levels, but only if such articles are described in subparagraph (B). [<-Struck out]

        [Struck out->]

        ‘(B) COVERED ARTICLES- The apparel articles referred to in subparagraph (A) are the following: [<-Struck out]

          [Struck out->]

          ‘(i) APPAREL ARTICLES ASSEMBLED FROM PRODUCTS OF THE UNITED STATES AND ATPDEA BENEFICIARY COUNTRIES OR PRODUCTS NOT AVAILABLE IN COMMERCIAL QUANTITIES- Apparel articles sewn or otherwise assembled in 1 or more ATPDEA beneficiary countries, or the United States, or both, exclusively from any one or any combination of the following: [<-Struck out]

            [Struck out->]

            ‘(I) Fabrics or fabric components formed, or components knit-to-shape, in the United States, from yarns formed in the United States or 1 or more ATPDEA beneficiary countries (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are formed in the United States). [<-Struck out]

            [Struck out->]

            ‘(II) Fabrics or fabric components formed or components knit-to-shape, in 1 or more ATPDEA beneficiary countries, from yarns formed in 1 or more ATPDEA beneficiary countries, if such fabrics (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are formed in 1 or more ATPDEA beneficiary countries) or components are in chief weight of llama or alpaca. [<-Struck out]

            [Struck out->]

            ‘(III) Fabrics or yarn that is not formed in the United States or in one or more ATPDEA beneficiary countries, to the extent that apparel articles of such fabrics or yarn would be eligible for preferential treatment, without regard to the source of the fabrics or yarn, under Annex 401 of the NAFTA. [<-Struck out]

          [Struck out->]

          ‘(ii) ADDITIONAL FABRICS- At the request of any interested party, the President is authorized to proclaim additional fabrics and yarns as eligible for preferential treatment under clause (i)(III) if-- [<-Struck out]

            [Struck out->]

            ‘(I) the President determines that such fabrics or yarns cannot be supplied by the domestic industry in commercial quantities in a timely manner; [<-Struck out]

            [Struck out->]

            ‘(II) the President has obtained advice regarding the proposed action from the appropriate advisory committee established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155) and the United States International Trade Commission; [<-Struck out]

            [Struck out->]

            ‘(III) within 60 days after the request, the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth the action proposed to be proclaimed and the reasons for such action, and the advice obtained under subclause (II); [<-Struck out]

            [Struck out->]

            ‘(IV) a period of 60 calendar days, beginning with the first day on which the President has met the requirements of subclause (III), has expired; and [<-Struck out]

            [Struck out->]

            ‘(V) the President has consulted with such committees regarding the proposed action during the period referred to in subclause (III). [<-Struck out]

          [Struck out->]

          ‘(iii) APPAREL ARTICLES ASSEMBLED IN 1 OR MORE ATPDEA BENEFICIARY COUNTRIES FROM REGIONAL FABRICS OR REGIONAL COMPONENTS- (I) Subject to the limitation set forth in subclause (II), apparel articles sewn or otherwise assembled in 1 or more ATPDEA beneficiary countries from fabrics or from fabric components formed or from components knit-to-shape, in 1 or more ATPDEA beneficiary countries, from yarns formed in the United States or 1 or more ATPDEA beneficiary countries (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are formed in 1 or more ATPDEA beneficiary countries), whether or not the apparel articles are also made from any of the fabrics, fabric components formed, or components knit-to-shape described in clause (i). [<-Struck out]

          [Struck out->]

          ‘(II) The preferential treatment referred to in subclause (I) shall be extended in the 1-year period beginning December 1, 2001, and in each of the 5 succeeding 1-year periods, to imports of apparel articles in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available. [<-Struck out]

          [Struck out->]

          ‘(III) For purposes of subclause (II), the term ‘applicable percentage’ means 3 percent for the 1-year period beginning December 1, 2001, increased in each of the 5 succeeding 1-year periods by equal increments, so that for the period beginning December 1, 2005, the applicable percentage does not exceed 6 percent. [<-Struck out]

          [Struck out->]

          ‘(iv) HANDLOOMED, HANDMADE, AND FOLKLORE ARTICLES- A handloomed, handmade, or folklore article of an ATPDEA beneficiary country identified under subparagraph (C) that is certified as such by the competent authority of such beneficiary country. [<-Struck out]

          [Struck out->]

          ‘(v) SPECIAL RULES- [<-Struck out]

            [Struck out->]

            ‘(I) EXCEPTION FOR FINDINGS AND TRIMMINGS- An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the article contains findings or trimmings of foreign origin, if such findings and trimmings do not exceed 25 percent of the cost of the components of the assembled product. Examples of findings and trimmings are sewing thread, hooks and eyes, snaps, buttons, ‘bow buds’, decorative lace, trim, elastic strips, zippers, including zipper tapes and labels, and other similar products. [<-Struck out]

            [Struck out->]

            ‘(II) CERTAIN INTERLINING- (aa) An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the article contains certain interlinings of foreign origin, if the value of such interlinings (and any findings and trimmings) does not exceed 25 percent of the cost of the components of the assembled article. [<-Struck out]

            [Struck out->]

            ‘(bb) Interlinings eligible for the treatment described in division (aa) include only a chest type plate, ‘hymo’ piece, or ‘sleeve header’, of woven or weft-inserted warp knit construction and of coarse animal hair or man-made filaments. [<-Struck out]

            [Struck out->]

            ‘(cc) The treatment described in this subclause shall terminate if the President makes a determination that United States manufacturers are producing such interlinings in the United States in commercial quantities. [<-Struck out]

            [Struck out->]

            ‘(III) DE MINIMIS RULE- An article that would otherwise be ineligible for preferential treatment under this subparagraph because the article contains fibers or yarns not wholly formed in the United States or in one or more ATPDEA beneficiary countries shall not be ineligible for such treatment if the total weight of all such fibers or yarns is not more than 7 percent of the total weight of the good. [<-Struck out]

        [Struck out->]

        ‘(C) HANDLOOMED, HANDMADE, AND FOLKLORE ARTICLES- For purposes of subparagraph (B)(iv), the President shall consult with representatives of the ATPDEA beneficiary countries concerned for the purpose of identifying particular textile and apparel goods that are mutually agreed upon as being handloomed, handmade, or folklore goods of a kind described in section 2.3(a), (b), or (c) of the Annex or Appendix 3.1.B.11 of the Annex. [<-Struck out]

        [Struck out->]

        ‘(D) PENALTIES FOR TRANSSHIPMENT- [<-Struck out]

          [Struck out->]

          ‘(i) PENALTIES FOR EXPORTERS- If the President determines, based on sufficient evidence, that an exporter has engaged in transshipment with respect to apparel articles from an ATPDEA beneficiary country, then the President shall deny all benefits under this title to such exporter, and any successor of such exporter, for a period of 2 years. [<-Struck out]

          [Struck out->]

          ‘(ii) PENALTIES FOR COUNTRIES- Whenever the President finds, based on sufficient evidence, that transshipment has occurred, the President shall request that the ATPDEA beneficiary country or countries through whose territory the transshipment has occurred take all necessary and appropriate actions to prevent such transshipment. If the President determines that a country is not taking such actions, the President shall reduce the quantities of apparel articles that may be imported into the United States from such country by the quantity of the transshipped articles multiplied by 3, to the extent consistent with the obligations of the United States under the WTO. [<-Struck out]

          [Struck out->]

          ‘(iii) TRANSSHIPMENT DESCRIBED- Transshipment within the meaning of this subparagraph has occurred when preferential treatment under subparagraph (A) has been claimed for an apparel article on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of this clause, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under subparagraph (A). [<-Struck out]

        [Struck out->]

        ‘(E) BILATERAL EMERGENCY ACTIONS- [<-Struck out]

          [Struck out->]

          ‘(i) IN GENERAL- The President may take bilateral emergency tariff actions of a kind described in section 4 of the Annex with respect to any apparel article imported from an ATPDEA beneficiary country if the application of tariff treatment under subparagraph (A) to such article results in conditions that would be cause for the taking of such actions under such section 4 with respect to a like article described in the same 8-digit subheading of the HTS that is imported from Mexico. [<-Struck out]

          [Struck out->]

          ‘(ii) RULES RELATING TO BILATERAL EMERGENCY ACTION- For purposes of applying bilateral emergency action under this subparagraph-- [<-Struck out]

            [Struck out->]

            ‘(I) the requirements of paragraph (5) of section 4 of the Annex (relating to providing compensation) shall not apply; [<-Struck out]

            [Struck out->]

            ‘(II) the term ‘transition period’ in section 4 of the Annex shall mean the period ending December 31, 2006; and [<-Struck out]

            [Struck out->]

            ‘(III) the requirements to consult specified in section 4 of the Annex shall be treated as satisfied if the President requests consultations with the ATPDEA beneficiary country in question and the country does not agree to consult within the time period specified under section 4. [<-Struck out]

      [Struck out->]

      ‘(4) CUSTOMS PROCEDURES- [<-Struck out]

        [Struck out->]

        ‘(A) IN GENERAL- [<-Struck out]

          [Struck out->]

          ‘(i) REGULATIONS- Any importer that claims preferential treatment under paragraph (1) or (3) shall comply with customs procedures similar in all material respects to the requirements of Article 502(1) of the NAFTA as implemented pursuant to United States law, in accordance with regulations promulgated by the Secretary of the Treasury. [<-Struck out]

          [Struck out->]

          ‘(ii) DETERMINATION- [<-Struck out]

            [Struck out->]

            ‘(I) IN GENERAL- In order to qualify for the preferential treatment under paragraph (1) or (3) and for a Certificate of Origin to be valid with respect to any article for which such treatment is claimed, there shall be in effect a determination by the President that each country described in subclause (II)-- [<-Struck out]

[Struck out->]

‘(aa) has implemented and follows; or [<-Struck out]

[Struck out->]

‘(bb) is making substantial progress toward implementing and following, [<-Struck out]

            [Struck out->] procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the NAFTA. [<-Struck out]

            [Struck out->]

            ‘(II) COUNTRY DESCRIBED- A country is described in this subclause if it is an ATPDEA beneficiary country-- [<-Struck out]

[Struck out->]

‘(aa) from which the article is exported; or [<-Struck out]

[Struck out->]

‘(bb) in which materials used in the production of the article originate or in which the article or such materials undergo production that contributes to a claim that the article is eligible for preferential treatment under paragraph (1) or (3). [<-Struck out]

        [Struck out->]

        ‘(B) CERTIFICATE OF ORIGIN- The Certificate of Origin that otherwise would be required pursuant to the provisions of subparagraph (A) shall not be required in the case of an article imported under paragraph (1) or (3) if such Certificate of Origin would not be required under Article 503 of the NAFTA (as implemented pursuant to United States law), if the article were imported from Mexico. [<-Struck out]

      [Struck out->]

      ‘(5) DEFINITIONS- In this subsection-- [<-Struck out]

        [Struck out->]

        ‘(A) ANNEX- The term ‘the Annex’ means Annex 300-B of the NAFTA. [<-Struck out]

        [Struck out->]

        ‘(B) ATPDEA BENEFICIARY COUNTRY- The term ‘ATPDEA beneficiary country’ means any ‘beneficiary country’, as defined in section 203(a)(1) of this title, which the President designates as an ATPDEA beneficiary country, taking into account the criteria contained in subsections (c) and (d) of section 203 and other appropriate criteria, including the following: [<-Struck out]

          [Struck out->]

          ‘(i) Whether the beneficiary country has demonstrated a commitment to-- [<-Struck out]

            [Struck out->]

            ‘(I) undertake its obligations under the WTO, including those agreements listed in section 101(d) of the Uruguay Round Agreements Act, on or ahead of schedule; and [<-Struck out]

            [Struck out->]

            ‘(II) participate in negotiations toward the completion of the FTAA or another free trade agreement. [<-Struck out]

          [Struck out->]

          ‘(ii) The extent to which the country provides protection of intellectual property rights consistent with or greater than the protection afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 101(d)(15) of the Uruguay Round Agreements Act. [<-Struck out]

          [Struck out->]

          ‘(iii) The extent to which the country provides internationally recognized worker rights, including-- [<-Struck out]

            [Struck out->]

            ‘(I) the right of association; [<-Struck out]

            [Struck out->]

            ‘(II) the right to organize and bargain collectively; [<-Struck out]

            [Struck out->]

            ‘(III) a prohibition on the use of any form of forced or compulsory labor; [<-Struck out]

            [Struck out->]

            ‘(IV) a minimum age for the employment of children; and [<-Struck out]

            [Struck out->]

            ‘(V) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; [<-Struck out]

          [Struck out->]

          ‘(iv) Whether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974. [<-Struck out]

          [Struck out->]

          ‘(v) The extent to which the country has met the counternarcotics certification criteria set forth in section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) for eligibility for United States assistance. [<-Struck out]

          [Struck out->]

          ‘(vi) The extent to which the country has taken steps to become a party to and implements the Inter-American Convention Against Corruption. [<-Struck out]

          [Struck out->]

          ‘(vii) The extent to which the country-- [<-Struck out]

            [Struck out->]

            ‘(I) applies transparent, nondiscriminatory, and competitive procedures in government procurement equivalent to those contained in the Agreement on Government Procurement described in section 101(d)(17) of the Uruguay Round Agreements Act; and [<-Struck out]

            [Struck out->]

            ‘(II) contributes to efforts in international fora to develop and implement international rules in transparency in government procurement. [<-Struck out]

        [Struck out->]

        ‘(C) NAFTA- The term ‘NAFTA’ means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992. [<-Struck out]

        [Struck out->]

        ‘(D) WTO- The term ‘WTO’ has the meaning given that term in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). [<-Struck out]

        [Struck out->]

        ‘(E) ATPDEA- The term ‘ATPDEA’ means the Andean Trade Promotion and Drug Eradication Act.’. [<-Struck out]

    [Struck out->] (b) DETERMINATION REGARDING RETENTION OF DESIGNATION- Section 203(e)(1) of the Andean Trade Preference Act (19 U.S.C. 3202(e)(1)) is amended-- [<-Struck out]

      [Struck out->] (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; [<-Struck out]

      [Struck out->] (2) by inserting ‘(A)’ after ‘(1)’; and [<-Struck out]

      [Struck out->] (3) by adding at the end the following: [<-Struck out]

    [Struck out->]

    ‘(B) The President may, after the requirements of paragraph (2) have been met-- [<-Struck out]

      [Struck out->]

      ‘(i) withdraw or suspend the designation of any country as an ATPDEA beneficiary country, or [<-Struck out]

      [Struck out->]

      ‘(ii) withdraw, suspend, or limit the application of preferential treatment under section 204(b)(1) or (3) to any article of any country, [<-Struck out]

    [Struck out->] if, after such designation, the President determines that, as a result of changed circumstances, the performance of such country is not satisfactory under the criteria set forth in section 204(b)(5)(B).’. [<-Struck out]

    [Struck out->] (c) CONFORMING AMENDMENTS- (1) Section 202 of the Andean Trade Preference Act (19 U.S.C. 3201) is amended by inserting ‘(or other preferential treatment)’ after ‘treatment’. [<-Struck out]

    [Struck out->] (2) Section 204(a) of the Andean Trade Preference Act (19 U.S.C. 3203(a)) is amended-- [<-Struck out]

      [Struck out->] (A) in paragraph (1), by inserting ‘(or otherwise provided for)’ after ‘eligibility’; and [<-Struck out]

      [Struck out->] (B) in paragraph (2), by striking ‘subsection (a)’ and inserting ‘paragraph (1)’. [<-Struck out]

[Struck out->] SEC. 4. TERMINATION OF PREFERENTIAL TREATMENT. [<-Struck out]

    [Struck out->] Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is amended to read as follows: [<-Struck out]

[Struck out->]
‘SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT. [<-Struck out]

    [Struck out->]

    ‘No duty-free treatment or other preferential treatment extended to beneficiary countries under this title shall remain in effect after December 31, 2006.’. [<-Struck out]

[Struck out->] SEC. 5. TRADE BENEFITS UNDER THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT. [<-Struck out]

    [Struck out->] Section 213(b)(2)(A) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)) is amended as follows: [<-Struck out]

      [Struck out->] (1) Clause (i) is amended by striking the matter preceding subclause (I) and inserting the following: [<-Struck out]

          [Struck out->]

          ‘(i) APPAREL ARTICLES ASSEMBLED IN ONE OR MORE CBTPA BENEFICIARY COUNTRIES- Apparel articles sewn or otherwise assembled in one or more CBTPA beneficiary countries from fabrics wholly formed and cut, or from components knit-to-shape, in the United States from yarns wholly formed in the United States, (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are wholly formed and cut in the United States) that are--’. [<-Struck out]

      [Struck out->] (2) Clause (ii) is amended to read as follows: [<-Struck out]

          [Struck out->]

          ‘(ii) OTHER APPAREL ARTICLES ASSEMBLED IN ONE OR MORE CBTPA BENEFICIARY COUNTRIES- Apparel articles sewn or otherwise assembled in one or more CBTPA beneficiary countries with thread formed in the United States from fabrics wholly formed in the United States and cut in one or more CBTPA beneficiary countries from yarns wholly formed in the United States, or from components knit-to-shape in the United States from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are wholly formed in the United States).’. [<-Struck out]

      [Struck out->] (3) Clause (iii)(II) is amended to read as follows: [<-Struck out]

          [Struck out->]

          ‘(II) The amount referred to in subclause (I) is as follows: [<-Struck out]

            [Struck out->]

            ‘(aa) 290,000,000 square meter equivalents during the 1-year period beginning on October 1, 2001. [<-Struck out]

            [Struck out->]

            ‘(bb) 500,000,000 square meter equivalents during the 1-year period beginning on October 1, 2002. [<-Struck out]

            [Struck out->]

            ‘(cc) 850,000,000 square meter equivalents during the 1-year period beginning on October 1, 2003. [<-Struck out]

            [Struck out->]

            ‘(dd) 970,000,000 square meter equivalents in each succeeding 1-year period through September 30, 2008.’. [<-Struck out]

      [Struck out->] (4) Clause (iii)(IV) is amended to read as follows: [<-Struck out]

          [Struck out->]

          ‘(IV) The amount referred to in subclause (III) is as follows: [<-Struck out]

            [Struck out->]

            ‘(aa) 4,872,000 dozen during the 1-year period beginning on October 1, 2001. [<-Struck out]

            [Struck out->]

            ‘(bb) 9,000,000 dozen during the 1-year period beginning on October 1, 2002. [<-Struck out]

            [Struck out->]

            ‘(cc) 10,000,000 dozen during the 1-year period beginning on October 1, 2003. [<-Struck out]

            [Struck out->]

            ‘(dd) 12,000,000 dozen in each succeeding 1-year period through September 30, 2008.’. [<-Struck out]

      [Struck out->] (5) Section 213(b)(2)(A) of such Act is further amended by adding at the end the following new clause: [<-Struck out]

          [Struck out->]

          ‘(ix) APPAREL ARTICLES ASSEMBLED IN ONE OR MORE CBTPA BENEFICIARY COUNTRIES FROM UNITED STATES AND CBTPA BENEFICIARY COUNTRY COMPONENTS- Apparel articles sewn or otherwise assembled in one or more CBTPA beneficiary countries with thread formed in the United States from components cut in the United States and in one or more CBTPA beneficiary countries from fabric wholly formed in the United States from yarns wholly formed in the United States, or from components knit-to-shape in the United States and one or more CBTPA beneficiary countries from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS).’. [<-Struck out]

[Struck out->] SEC. 6. TRADE BENEFITS UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT. [<-Struck out]

    [Struck out->] Section 112(b) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)) is amended as follows: [<-Struck out]

      [Struck out->] (1) Paragraph (1) is amended by amending the matter preceding subparagraph (A) to read as follows: [<-Struck out]

      [Struck out->]

      ‘(1) APPAREL ARTICLES ASSEMBLED IN ONE OR MORE BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES- Apparel articles sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries from fabrics wholly formed and cut, or from components knit-to-shape, in the United States from yarns wholly formed in the United States, (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are wholly formed and cut in the United States) that are--’. [<-Struck out]

      [Struck out->] (2) Paragraph (2) is amended to read as follows: [<-Struck out]

      [Struck out->]

      ‘(2) OTHER APPAREL ARTICLES ASSEMBLED IN ONE OR MORE BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES- Apparel articles sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries with thread formed in the United States from fabrics wholly formed in the United States and cut in one or more beneficiary sub-Saharan African countries from yarns wholly formed in the United States, or from components knit-to-shape in the United States from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are wholly formed in the United States).’. [<-Struck out]

      [Struck out->] (3) Paragraph (3) is amended-- [<-Struck out]

        [Struck out->] (A) by amending the matter preceding subparagraph (A) to read as follows: [<-Struck out]

      [Struck out->]

      ‘(3) APPAREL ARTICLES FROM REGIONAL FABRIC OR YARNS- Apparel articles wholly assembled in one or more beneficiary sub-Saharan African countries from fabric wholly formed in one or more beneficiary sub-Saharan African countries from yarns originating either in the United States or one or more beneficiary sub-Saharan African countries (including fabrics not formed from yarns, if such fabrics are classified under heading 5602 or 5603 of the HTS and are wholly formed in one or more beneficiary sub-Saharan African countries), or from components knit-to-shape in one or more beneficiary sub-Saharan African countries from yarns originating either in the United States or one or more beneficiary sub-Saharan African countries, or apparel articles wholly formed on seamless knitting machines in a beneficiary sub-Saharan African country from yarns originating either in the United States or one or more beneficiary sub-Saharan African countries, subject to the following:’; [<-Struck out]

        [Struck out->] (B) in subparagraph (A)(ii)-- [<-Struck out]

          [Struck out->] (i) by striking ‘1.5’ and inserting ‘3’; and [<-Struck out]

          [Struck out->] (ii) by striking ‘3.5’ and inserting ‘7’; and [<-Struck out]

        [Struck out->] (C) by amending subparagraph (B) to read as follows: [<-Struck out]

        [Struck out->]

        ‘(B) SPECIAL RULES FOR LESSER DEVELOPED COUNTRIES- [<-Struck out]

          [Struck out->]

          ‘(i) IN GENERAL- Subject to subparagraph (A), preferential treatment under this paragraph shall be extended through September 30, 2004, for apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric or the yarn used to make such articles. [<-Struck out]

          [Struck out->]

          ‘(ii) LESSER DEVELOPED BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY- For purposes of clause (i), the term ‘lesser developed beneficiary sub-Saharan African country’ means-- [<-Struck out]

            [Struck out->]

            ‘(I) 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; [<-Struck out]

            [Struck out->]

            ‘(II) Botswana; and [<-Struck out]

            [Struck out->]

            ‘(III) Namibia.’. [<-Struck out]

      [Struck out->] (4) Paragraph (4)(B) is amended by striking ‘18.5’ and inserting ‘21.5’. [<-Struck out]

      [Struck out->] (5) Section 112(b) of such Act is further amended by adding at the end the following new paragraph: [<-Struck out]

      [Struck out->]

      ‘(7) APPAREL ARTICLES ASSEMBLED IN ONE OR MORE BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES FROM UNITED STATES AND BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY COMPONENTS- Apparel articles sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries with thread formed in the United States from components cut in the United States and one or more beneficiary sub-Saharan African countries from fabric wholly formed in the United States from yarns wholly formed in the United States, or from components knit-to-shape in the United States and one or more beneficiary sub-Saharan African countries from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS).’. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Andean Trade Preference Expansion Act’.

TITLE I--ANDEAN TRADE PREFERENCE

SEC. 101. FINDINGS.

    Congress makes the following findings:

      (1) Since the Andean Trade Preference Act was enacted in 1991, it has had a positive impact on United States trade with Bolivia, Colombia, Ecuador, and Peru. Two-way trade has doubled, with the United States serving as the leading source of imports and leading export market for each of the Andean beneficiary countries. This has resulted in increased

jobs and expanded export opportunities in both the United States and the Andean region.

      (2) The Andean Trade Preference Act has been a key element in the United States counternarcotics strategy in the Andean region, promoting export diversification and broad-based economic development that provides sustainable economic alternatives to drug-crop production, strengthening the legitimate economies of Andean countries and creating viable alternatives to illicit trade in coca.

      (3) Notwithstanding the success of the Andean Trade Preference Act, the Andean region remains threatened by political and economic instability and fragility, vulnerable to the consequences of the drug war and fierce global competition for its legitimate trade.

      (4) The continuing instability in the Andean region poses a threat to the security interests of the United States and the world. This problem has been partially addressed through foreign aid, such as Plan Colombia, enacted by Congress in 2000. However, foreign aid alone is not sufficient. Enhancement of legitimate trade with the United States provides an alternative means for reviving and stabilizing the economies in the Andean region.

      (5) The Andean Trade Preference Act constitutes a tangible commitment by the United States to the promotion of prosperity, stability, and democracy in the beneficiary countries.

      (6) Renewal and enhancement of the Andean Trade Preference Act will bolster the confidence of domestic private enterprise and foreign investors in the economic prospects of the region, ensuring that legitimate private enterprise can be the engine of economic development and political stability in the region.

      (7) Each of the Andean beneficiary countries is committed to conclude negotiation of a Free Trade Area of the Americas by the year 2005, as a means of enhancing the economic security of the region.

      (8) Temporarily enhancing trade benefits for Andean beneficiaries countries will promote the growth of free enterprise and economic opportunity in these countries and serve the security interests of the United States, the region, and the world.

SEC. 102. TEMPORARY PROVISIONS.

    (a) IN GENERAL- Section 204(b) of the Andean Trade Preference Act (19 U.S.C. 3203(b)) is amended to read as follows:

    ‘(b) IMPORT-SENSITIVE ARTICLES-

      ‘(1) IN GENERAL- Subject to paragraphs (2) through (5), the duty-free treatment provided under this title does not apply to--

        ‘(A) textile and apparel articles which were not eligible articles for purposes of this title on January 1, 1994, as this title was in effect on that date;

        ‘(B) footwear not designated at the time of the effective date of this title as eligible articles for the purpose of the generalized system of preferences under title V of the Trade Act of 1974;

        ‘(C) tuna, prepared or preserved in any manner, in airtight containers;

        ‘(D) petroleum, or any product derived from petroleum, provided for in headings 2709 and 2710 of the HTS;

        ‘(E) watches and watch parts (including cases, bracelets, and straps), of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material which is the product of any country with respect to which HTS column 2 rates of duty apply;

        ‘(F) articles to which reduced rates of duty apply under subsection (c);

        ‘(G) sugars, syrups, and sugar containing products subject to tariff-rate quotas; or

        ‘(H) rum and tafia classified in subheading 2208.40 of the HTS.

      ‘(2) TRANSITION PERIOD TREATMENT OF CERTAIN TEXTILE AND APPAREL ARTICLES-

        ‘(A) ARTICLES COVERED- During the transition period, the preferential treatment described in subparagraph (B) shall apply to the following articles:

          ‘(i) APPAREL ARTICLES ASSEMBLED FROM PRODUCTS OF THE UNITED STATES AND ATPEA BENEFICIARY COUNTRIES OR PRODUCTS NOT AVAILABLE IN COMMERCIAL QUANTITIES- Apparel articles sewn or otherwise assembled in 1 or more ATPEA beneficiary countries, or the United States, or both, exclusively from any one or any combination of the following:

            ‘(I) Fabrics or fabric components formed, or components knit-to-shape, in the United States, from yarns wholly formed in the United States (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are formed in the United States), provided that apparel articles sewn or otherwise assembled from materials described in this subclause are assembled with thread formed in the United States.

            ‘(II) Fabric components knit-to-shape in the United States from yarns wholly formed in the United States and fabric components knit-to-shape in 1 or more ATPEA beneficiary countries from yarns wholly formed in the United States.

            ‘(III) Fabrics or fabric components formed or components knit-to-shape, in 1 or more ATPEA beneficiary countries, from yarns wholly formed in 1 or more ATPEA beneficiary countries, if such fabrics (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are formed in 1 or more ATPEA beneficiary countries) or components are in

chief weight of llama, alpaca, or vicuna.

            ‘(IV) Fabrics or yarns that are not formed in the United States or in 1 or more ATPEA beneficiary countries, to the extent that apparel articles of such fabrics or yarns would be eligible for preferential treatment, without regard to the source of the fabrics or yarns, under Annex 401 of the NAFTA.

          ‘(ii) KNIT-TO-SHAPE APPAREL ARTICLES- Apparel articles knit-to-shape (other than socks provided for in heading 6115 of the HTS) in 1 or more ATPEA beneficiary countries from yarns wholly formed in the United States.

          ‘(iii) REGIONAL FABRIC-

            ‘(I) GENERAL RULE- Knit apparel articles wholly assembled in 1 or more ATPEA beneficiary countries exclusively from fabric formed, or fabric components formed, or components knit-to-shape, or any combination thereof, in 1 or more ATPEA beneficiary countries from yarns wholly formed in the United States, in an amount not exceeding the amount set forth in subclause (II).

            ‘(II) LIMITATION- The amount referred to in subclause (I) is 70,000,000 square meter equivalents during the 1-year period beginning on March 1, 2002, increased by 16 percent, compounded annually, in each succeeding 1-year period through February 28, 2006.

          ‘(iv) CERTAIN OTHER APPAREL ARTICLES-

            ‘(I) GENERAL RULE- Subject to subclause (II), any apparel article classifiable under subheading 6212.10 of the HTS, if the article is both cut and sewn or otherwise assembled in the United States, or one or more of the ATPEA beneficiary countries, or both.

            ‘(II) LIMITATION- During the 1-year period beginning on March 1, 2003, and during each of the 2 succeeding 1-year periods, apparel articles described in subclause (I) of a producer or an entity controlling production shall be eligible for preferential treatment under subparagraph (B) only if the aggregate cost of fabric components formed in the United States that are used in the production of all such articles of that producer or entity that are entered during the preceding 1-year period is at least 75 percent of the aggregate declared customs value of the fabric contained in all such articles of that producer or entity that are entered during the preceding 1-year period.

            ‘(III) DEVELOPMENT OF PROCEDURE TO ENSURE COMPLIANCE- The United States Customs Service shall develop and implement methods and procedures to ensure ongoing compliance with the requirement set forth in subclause (II). If the Customs Service finds that a producer or an entity controlling production has not satisfied such requirement in a 1-year period, then apparel articles described in subclause (I) of that producer or entity shall be ineligible for preferential treatment under subparagraph (B) during any succeeding 1-year period until the aggregate cost of fabric components formed in the United States used in the production of such articles of that producer or entity that are entered during the preceding 1-year period is at least 85 percent of the aggregate declared customs value of the fabric contained in all such articles of that producer or entity that are entered during the preceding 1-year period.

          ‘(v) APPAREL ARTICLES ASSEMBLED FROM FABRICS OR YARN NOT WIDELY AVAILABLE IN COMMERCIAL QUANTITIES- At the request of any interested party, the President is authorized to proclaim additional fabrics and yarn as eligible for preferential treatment under clause (i)(IV) if--

            ‘(I) the President determines that such fabrics or yarn cannot be supplied by the domestic industry in commercial quantities in a timely manner;

            ‘(II) the President has obtained advice regarding the proposed action from the appropriate advisory committee established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155) and the United States International Trade Commission;

            ‘(III) within 60 days after the request, the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth the action proposed to be proclaimed and the reasons for such actions, and the advice obtained under subclause (II);

            ‘(IV) a period of 60 calendar days, beginning with the first day on which the President has met the requirements of subclause (III), has expired; and

            ‘(V) the President has consulted with such committees regarding the proposed action during the period referred to in subclause (III).

          ‘(vi) HANDLOOMED, HANDMADE, AND FOLKLORE ARTICLES- A handloomed, handmade, or folklore article of an ATPEA beneficiary country identified under subparagraph (C) that is certified as such by the competent authority of such beneficiary country.

          ‘(vii) SPECIAL RULES-

            ‘(I) EXCEPTION FOR FINDINGS AND TRIMMINGS- (aa) An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the article contains findings or trimmings of foreign origin, if such findings and trimmings do not exceed 25 percent of the cost of the components of the assembled product. Examples of findings and trimmings are sewing thread, hooks and eyes, snaps, buttons, ‘bow buds’, decorative lace, trim, elastic strips, zippers, including zipper tapes and labels, and other similar

products. Elastic strips are considered findings or trimmings only if they are each less than 1 inch in width and are used in the production of brassieres.

            ‘(bb) In the case of an article described in clause (i)(I) of this subparagraph, sewing thread shall not be treated as findings or trimmings under this subclause.

            ‘(II) CERTAIN INTERLININGS- (aa) An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the article contains certain interlinings of foreign origin, if the value of such interlinings (and any findings and trimmings) does not exceed 25 percent of the cost of the components of the assembled article.

            ‘(bb) Interlinings eligible for the treatment described in division (aa) include only a chest type plate, ‘hymo’ piece, or ‘sleeve header’, of woven or weft-inserted warp knit construction and of coarse animal hair or man-made filaments.

            ‘(cc) The treatment described in this subclause shall terminate if the President makes a determination that United States manufacturers are producing such interlinings in the United States in commercial quantities.

            ‘(III) DE MINIMIS RULE- An article that would otherwise be ineligible for preferential treatment under this paragraph because the article contains yarns not wholly formed in the United States or in 1 or more ATPEA beneficiary countries shall not be ineligible for such treatment if the total weight of all such yarns is not more than 7 percent of the total weight of the good. Notwithstanding the preceding sentence, an apparel article containing elastomeric yarns shall be eligible for preferential treatment under this paragraph only if such yarns are wholly formed in the United States.

            ‘(IV) SPECIAL ORIGIN RULE- An article otherwise eligible for preferential treatment under clause (i) of this subparagraph shall not be ineligible for such treatment because the article contains nylon filament yarn (other than elastomeric yarn) that is classifiable under subheading 5402.10.30, 5402.10.60, 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.41.10, 5402.41.90, 5402.51.00, or 5402.61.00 of the HTS duty-free from a country that is a party to an agreement with the United States establishing a free trade area, which entered into force before January 1, 1995.

            ‘(V) CLARIFICATION OF CERTAIN KNIT APPAREL ARTICLES- Notwithstanding any other provision of law, an article otherwise eligible for preferential treatment under clause (iii)(I) of this subparagraph, shall not be ineligible for such treatment because the article, or a component thereof, contains fabric formed in the United States from yarns wholly formed in the United States.

          ‘(viii) TEXTILE LUGGAGE- Textile luggage--

            ‘(I) assembled in an ATPEA beneficiary country from fabric wholly formed and cut in the United States, from yarns wholly formed in the United States, that is entered under subheading 9802.00.80 of the HTS; or

            ‘(II) assembled from fabric cut in an ATPEA beneficiary country from fabric wholly formed in the United States from yarns wholly formed in the United States.

        ‘(B) PREFERENTIAL TREATMENT- Except as provided in subparagraph (E), during the transition period, the articles to which subparagraph (A) applies shall enter the United States free of duty and free of any quantitative restrictions, limitations, or consultation levels.

        ‘(C) HANDLOOMED, HANDMADE, AND FOLKLORE ARTICLES- For purposes of subparagraph (A)(vi), the President shall consult with representatives of the ATPEA beneficiary countries concerned for the purpose of identifying particular textile and apparel goods that are mutually agreed upon as being handloomed, handmade, or folklore goods of a kind described in section 2.3(a), (b), or (c) of the Annex or Appendix 3.1.B.11 of the Annex.

        ‘(D) PENALTIES FOR TRANSSHIPMENTS-

          ‘(i) PENALTIES FOR EXPORTERS- If the President determines, based on sufficient evidence, that an exporter has engaged in transshipment with respect to textile or apparel articles from an ATPEA beneficiary country, then the President shall deny all benefits under this title to such exporter, and any successor of such exporter, for a period of 2 years.

          ‘(ii) PENALTIES FOR COUNTRIES- Whenever the President finds, based on sufficient evidence, that transshipment has occurred, the President shall request that the ATPEA beneficiary country or countries through whose territory the transshipment has occurred take all necessary and appropriate actions to prevent such transshipment. If the President determines that a country is not taking such actions, the President shall reduce the quantities of textile and apparel articles that may be imported into the United States from such country by the quantity of the transshipped articles multiplied by 3, to the extent consistent with the obligations of the United States under the WTO.

          ‘(iii) TRANSSHIPMENT DESCRIBED- Transshipment within the meaning of this subparagraph has occurred when preferential treatment under subparagraph (B) has been claimed for a textile or apparel article on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of this clause, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under subparagraph (B).

        ‘(E) BILATERAL EMERGENCY ACTIONS-

          ‘(i) IN GENERAL- The President may take bilateral emergency tariff actions of a

kind described in section 4 of the Annex with respect to any apparel article imported from an ATPEA beneficiary country if the application of tariff treatment under subparagraph (B) to such article results in conditions that would be cause for the taking of such actions under such section 4 with respect to a like article described in the same 8-digit subheading of the HTS that is imported from Mexico.

          ‘(ii) RULES RELATING TO BILATERAL EMERGENCY ACTION- For purposes of applying bilateral emergency action under this subparagraph--

            ‘(I) the requirements of paragraph (5) of section 4 of the Annex (relating to providing compensation) shall not apply;

            ‘(II) the term ‘transition period’ in section 4 of the Annex shall have the meaning given that term in paragraph (5)(D) of this subsection; and

            ‘(III) the requirements to consult specified in section 4 of the Annex shall be treated as satisfied if the President requests consultations with the ATPEA beneficiary country in question and the country does not agree to consult within the time period specified under section 4.

      ‘(3) TRANSITION PERIOD TREATMENT OF CERTAIN OTHER ARTICLES ORIGINATING IN BENEFICIARY COUNTRIES-

        ‘(A) EQUIVALENT TARIFF TREATMENT-

          ‘(i) IN GENERAL- Subject to clause (ii), the tariff treatment accorded at any time during the transition period to any article referred to in any of subparagraphs (B), (D) through (F), or (H) of paragraph (1) that is an ATPEA originating good shall be identical to the tariff treatment that is accorded at such time under Annex 302.2 of the NAFTA to an article described in the same 8-digit subheading of the HTS that is a good of Mexico and is imported into the United States.

          ‘(ii) EXCEPTION- Clause (i) does not apply to any article accorded duty-free treatment under U.S. Note 2(b) to subchapter II of chapter 98 of the HTS.

        ‘(B) RELATIONSHIP TO SUBSECTION (C) DUTY REDUCTIONS- If at any time during the transition period the rate of duty that would (but for action taken under subparagraph (A)(i) in regard to such period) apply with respect to any article under subsection (c) is a rate of duty that is lower than the rate of duty resulting from such action, then such lower rate of duty shall be applied for the purposes of implementing such action.

        ‘(C) SPECIAL RULE FOR SUGARS, SYRUPS, AND SUGAR CONTAINING PRODUCTS- Duty-free treatment under this Act shall not be extended to sugars, syrups, and sugar-containing products subject to over-quota duty rates under applicable tariff-rate quotas.

        ‘(D) SPECIAL RULE FOR CERTAIN TUNA PRODUCTS-

          ‘(i) IN GENERAL- The President may proclaim duty-free treatment under this Act for tuna that is harvested by United States vessels or ATPEA beneficiary country vessels, and is prepared or preserved in any manner, in airtight containers in an ATPEA beneficiary country. Such duty-free treatment may be proclaimed in any calendar year for a quantity of such tuna that does not exceed 20 percent of the domestic United States tuna pack in the preceding calendar year. As used in the preceding sentence, the term ‘tuna pack’ means tuna pack as defined by the National Marine Fisheries Service of the United States Department of Commerce for purposes of subheading 1604.14.20 of the HTS as in effect on the date of enactment of the Andean Trade Preference Expansion Act.

          ‘(ii) UNITED STATES VESSEL- For purposes of this subparagraph, a ‘United States vessel’ is a vessel having a certificate of documentation with a fishery endorsement under chapter 121 of title 46, United States Code.

          ‘(iii) ATPEA VESSEL- For purposes of this subparagraph, an ‘ATPEA vessel’ is a vessel--

            ‘(I) which is registered or recorded in an ATPEA beneficiary country;

            ‘(II) which sails under the flag of an ATPEA beneficiary country;

            ‘(III) which is at least 75 percent owned by nationals of an ATPEA beneficiary country or by a company having its principal place of business in an ATPEA beneficiary country, of which the manager or managers, chairman of the board of directors or of the supervisory board, and the majority of the members of such boards are nationals of an ATPEA beneficiary country and of which, in the case of a company, at least 50 percent of the capital is owned by an ATPEA beneficiary country or by public bodies or nationals of an ATPEA beneficiary country;

            ‘(IV) of which the master and officers are nationals of an ATPEA beneficiary country; and

            ‘(V) of which at least 75 percent of the crew are nationals of an ATPEA beneficiary country.

      ‘(4) CUSTOMS PROCEDURES-

        ‘(A) IN GENERAL-

          ‘(i) REGULATIONS- Any importer that claims preferential treatment under paragraph (2) or (3) shall comply with customs procedures similar in all material respects to the requirements of Article 502(1) of the NAFTA as implemented pursuant to United States law, in accordance with regulations promulgated by the Secretary of the Treasury.

          ‘(ii) DETERMINATION-

            ‘(I) IN GENERAL- In order to qualify for the preferential treatment under paragraph (2) or (3) and for a Certificate of Origin to be valid with respect to any article for which such treatment is claimed, there shall be in effect a determination by the President that each country described in subclause (II)--

‘(aa) has implemented and follows; or

‘(bb) is making substantial progress toward implementing and following,

procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the NAFTA.

            ‘(II) COUNTRY DESCRIBED- A country is described in this subclause if it is an ATPEA beneficiary country--

‘(aa) from which the article is exported; or

‘(bb) in which materials used in the production of the article originate or in which the article or such materials undergo production that contributes to a claim that the article is eligible for preferential treatment under paragraph (2) or (3).

        ‘(B) CERTIFICATE OF ORIGIN- The Certificate of Origin that otherwise would be required pursuant to the provisions of subparagraph (A) shall not be required in the case of an article imported under paragraph (2) or (3) if such Certificate of Origin would not be required under Article 503 of the NAFTA (as implemented pursuant to United States law), if the article were imported from Mexico.

        ‘(C) REPORT BY USTR ON COOPERATION OF OTHER COUNTRIES CONCERNING CIRCUMVENTION- The United States Commissioner of Customs shall conduct a study analyzing the extent to which each ATPEA beneficiary country--

          ‘(i) has cooperated fully with the United States, consistent with its domestic laws and procedures, in instances of circumvention or alleged circumvention of existing quotas on imports of textile and apparel goods, to establish necessary relevant facts in the places of import, export, and, where applicable, transshipment, including investigation of circumvention practices, exchanges of documents, correspondence, reports, and other relevant information, to the extent such information is available;

          ‘(ii) has taken appropriate measures, consistent with its domestic laws and procedures, against exporters and importers involved in instances of false declaration concerning fiber content, quantities, description, classification, or origin of textile and apparel goods; and

          ‘(iii) has penalized the individuals and entities involved in any such circumvention, consistent with its domestic laws and procedures, and has worked closely to seek the cooperation of any third country to prevent such circumvention from taking place in that third country.

        The Trade Representative shall submit to Congress, not later than October 1, 2002, a report on the study conducted under this subparagraph.

      ‘(5) DEFINITIONS AND SPECIAL RULES- For purposes of this subsection--

        ‘(A) ANNEX- The term ‘the Annex’ means Annex 300-B of the NAFTA.

        ‘(B) ATPEA BENEFICIARY COUNTRY- The term ‘ATPEA beneficiary country’ means any ‘beneficiary country’, as defined in section 203(a)(1) of this title, which the President designates as an ATPEA beneficiary country, taking into account the criteria contained in subsections (c) and (d) of section 203 and other appropriate criteria, including the following:

          ‘(i) Whether the beneficiary country has demonstrated a commitment to--

            ‘(I) undertake its obligations under the WTO, including those agreements listed in section 101(d) of the Uruguay Round Agreements Act, on or ahead of schedule; and

            ‘(II) participate in negotiations toward the completion of the FTAA or another free trade agreement.

          ‘(ii) The extent to which the country provides protection of intellectual property rights consistent with or greater than the protection afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 101(d)(15) of the Uruguay Round Agreements Act.

          ‘(iii) The extent to which the country provides internationally recognized worker rights, including--

            ‘(I) the right of association;

            ‘(II) the right to organize and bargain collectively;

            ‘(III) a prohibition on the use of any form of forced or compulsory labor;

            ‘(IV) a minimum age for the employment of children; and

            ‘(V) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;

          ‘(iv) Whether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974.

          ‘(v) The extent to which the country has met the counter-narcotics certification criteria set forth in section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) for eligibility for United States assistance.

          ‘(vi) The extent to which the country has taken steps to become a party to and implements the Inter-American Convention Against Corruption.

          ‘(vii) The extent to which the country--

            ‘(I) applies transparent, nondiscriminatory, and competitive procedures in government procurement equivalent to those contained in the Agreement on Government Procurement described in section 101(d)(17) of the Uruguay Round Agreements Act; and

            ‘(II) contributes to efforts in international fora to develop and implement international rules in transparency in government procurement.

        ‘(C) ATPEA ORIGINATING GOOD-

          ‘(i) IN GENERAL- The term ‘ATPEA originating good’ means a good that meets the rules of origin for a good set forth in chapter 4 of the NAFTA as implemented pursuant to United States law.

          ‘(ii) APPLICATION OF CHAPTER 4- In applying chapter 4 of the NAFTA with respect to an ATPEA beneficiary country for purposes of this subsection--

            ‘(I) no country other than the United States and an ATPEA beneficiary country may be treated as being a party to the NAFTA;

            ‘(II) any reference to trade between the United States and Mexico shall be deemed to refer to trade between the United States and an ATPEA beneficiary country;

            ‘(III) any reference to a party shall be deemed to refer to an ATPEA beneficiary country or the United States; and

            ‘(IV) any reference to parties shall be deemed to refer to any combination of ATPEA beneficiary countries or to the United States and one or more ATPEA beneficiary countries (or any combination thereof).

        ‘(D) TRANSITION PERIOD- The term ‘transition period’ means, with respect to an ATPEA beneficiary country, the period that begins on the date of enactment, and ends on the earlier of--

          ‘(i) February 28, 2006; or

          ‘(ii) the date on which the FTAA or another free trade agreement that makes substantial progress in achieving the negotiating objectives set forth in section 108(b)(5) of Public Law 103-182 (19 U.S.C. 3317(b)(5)) enters into force with respect to the United States and the ATPEA beneficiary country.

        ‘(E) ATPEA- The term ‘ATPEA’ means the Andean Trade Preference Expansion Act.

        ‘(F) FTAA- The term ‘FTAA’ means the Free Trade Area of the Americas.’.

    (b) DETERMINATION REGARDING RETENTION OF DESIGNATION- Section 203(e) of the Andean Trade Preference Act (19 U.S.C. 3202(e)) is amended--

      (1) in paragraph (1)--

        (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

        (B) by inserting ‘(A)’ after ‘(1)’; and

        (C) by adding at the end the following:

    ‘(B) The President may, after the requirements of paragraph (2) have been met--

      ‘(i) withdraw or suspend the designation of any country as an ATPEA beneficiary country; or

      ‘(ii) withdraw, suspend, or limit the application of preferential treatment under section 204(b) (2) and (3) to any article of any country,

    if, after such designation, the President determines that, as a result of changed circumstances, the performance of such country is not satisfactory under the criteria set forth in section 204(b)(5)(B).’; and

      (2) by adding after paragraph (2) the following new paragraph:

    ‘(3) If preferential treatment under section 204(b) (2) and (3) is withdrawn, suspended, or limited with respect to an ATPEA beneficiary country, such country shall not be deemed to be a ‘party’ for the purposes of applying section 204(b)(5)(C) to imports of articles for which preferential treatment has been withdrawn, suspended, or limited with respect to such country.’.

    (c) REPORTING REQUIREMENTS- Section 203(f) of the Andean Trade Preference Act (19 U.S.C. 3202(f)) is amended to read as follows:

    ‘(f) REPORTING REQUIREMENTS-

      ‘(1) IN GENERAL- Not later than December 31, 2002, and every 2 years thereafter during the period this title is in effect, the United States Trade Representative shall submit to Congress a report regarding the operation of this title, including--

        ‘(A) with respect to subsections (c) and (d), the results of a general review of beneficiary countries based on the considerations described in such subsections; and

        ‘(B) the performance of each beneficiary country or ATPEA beneficiary country, as the case may be, under the criteria set forth in section 204(b)(5)(B).

      ‘(2) PUBLIC COMMENT- Before submitting the report described in paragraph (1), the United States Trade Representative shall publish a notice in the Federal Register requesting public comments on whether beneficiary countries are meeting the criteria listed in section 204(b)(5)(B).’.

    (d) CONFORMING AMENDMENTS-

      (1) IN GENERAL-

        (A) Section 202 of the Andean Trade Preference Act (19 U.S.C. 3201) is amended by inserting ‘(or other preferential treatment)’ after ‘treatment’.

        (B) Section 204(a)(1) of the Andean Trade Preference Act (19 U.S.C. 3203(a)(1)) is amended by inserting ‘(or otherwise provided for)’ after ‘eligibility’.

        (C) Section 204(a)(1) of the Andean Trade Preference Act (19 U.S.C. 3203(a)(1)) is amended by inserting ‘(or preferential treatment)’ after ‘duty-free treatment’.

      (2) DEFINITIONS- Section 203(a) of the Andean Trade Preference Act (19 U.S.C. 3202(a)) is amended by adding at the end the following new paragraphs:

      ‘(4) The term ‘NAFTA’ means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992.

      ‘(5) The terms ‘WTO’ and ‘WTO member’ have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).’.

SEC. 103. TERMINATION.

    Section 208(b) of the Andean Trade Preference Act (19 U.S.C. 3206(b)) is amended to read as follows:

    ‘(b) TERMINATION OF PREFERENTIAL TREATMENT- No preferential duty treatment extended to beneficiary countries under this Act shall remain in effect after February 28, 2006.’.

TITLE II--MISCELLANEOUS TRADE PROVISIONS

SEC. 201. WOOL PROVISIONS.

    (a) SHORT TITLE- This section may be cited as the ‘Wool Manufacturer Payment Clarification and Technical Corrections Act’.

    (b) CLARIFICATION OF TEMPORARY DUTY SUSPENSION- Heading 9902.51.13 of the Harmonized Tariff Schedule of the United States is amended by inserting ‘average’ before ‘diameters’.

    (c) PAYMENTS TO MANUFACTURERS OF CERTAIN WOOL PRODUCTS-

      (1) PAYMENTS- Section 505 of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 303) is amended as follows:

        (A) Subsection (a) is amended--

          (i) by striking ‘In each of the calendar years’ and inserting ‘For each of the calendar years’; and

          (ii) by striking ‘for a refund of duties’ and all that follows through the end of the subsection and inserting ‘for a payment equal to an amount determined pursuant to subsection (d)(1).’.

        (B) Subsection (b) is amended to read as follows:

    ‘(b) WOOL YARN-

      ‘(1) IMPORTING MANUFACTURERS- For each of the calendar years 2000, 2001, and 2002, a manufacturer of worsted wool fabrics who imports wool yarn of the kind described in heading 9902.51.13 of the Harmonized Tariff Schedule of the United States shall be eligible for a payment equal to an amount determined pursuant to subsection (d)(2).

      ‘(2) NONIMPORTING MANUFACTURERS- For each of the calendar years 2001 and 2002, any other manufacturer of worsted wool fabrics of imported wool yarn of the kind described in heading 9902.51.13 of the Harmonized Tariff Schedule of the United States shall be eligible for a payment equal to an amount determined pursuant to subsection (d)(2).’.

        (C) Subsection (c) is amended to read as follows:

    ‘(c) WOOL FIBER AND WOOL TOP-

      ‘(1) IMPORTING MANUFACTURERS- For each of the calendar years 2000, 2001, and 2002, a manufacturer of wool yarn or wool fabric who imports wool fiber or wool top of the kind described in heading 9902.51.14 of the Harmonized Tariff Schedule of the United States shall be eligible for a payment equal to an amount determined pursuant to subsection (d)(3).

      ‘(2) NONIMPORTING MANUFACTURERS- For each of the calendar years 2001 and 2002, any other manufacturer of wool yarn or wool fabric of imported wool fiber or wool top of the kind described in heading 9902.51.14 of the Harmonized Tariff Schedule of the United States shall be eligible for a payment equal to an amount determined pursuant to subsection (d)(3).’.

        (D) Section 505 is further amended by striking subsection (d) and inserting the following new subsections:

    ‘(d) AMOUNT OF ANNUAL PAYMENTS TO MANUFACTURERS-

      ‘(1) MANUFACTURERS OF MEN’S SUITS, ETC. OF IMPORTED WORSTED WOOL FABRICS-

        ‘(A) ELIGIBLE TO RECEIVE MORE THAN $5,000- Each annual payment to manufacturers described in subsection (a) who, according to the records of the Customs Service as of September 11, 2001, are eligible to receive more than $5,000 for each of the calendar years 2000, 2001, and 2002, shall be in an amount equal to one-third of the amount determined by multiplying $30,124,000 by a fraction--

          ‘(i) the numerator of which is the amount attributable to the duties paid on eligible wool products imported in calendar year 1999 by the manufacturer making the claim, and

          ‘(ii) the denominator of which is the total amount attributable to the duties paid on eligible wool products imported in calendar year 1999 by all the manufacturers described in subsection (a) who, according to the records of the Customs Service as of September 11, 2001, are eligible to receive more than $5,000 for each such calendar year under this section as it was in effect on that date.

        ‘(B) ELIGIBLE WOOL PRODUCTS- For purposes of subparagraph (A), the term ‘eligible wool products’ refers to imported worsted wool fabrics described in subsection (a).

        ‘(C) OTHERS- All manufacturers described in subsection (a), other than the manufacturer’s to which subparagraph (A) applies, shall each receive an annual payment in an amount equal to one-third of the amount determined by dividing $1,665,000 by the number of all such other manufacturers.

      ‘(2) MANUFACTURERS OF WORSTED WOOL FABRICS OF IMPORTED WOOL YARN-

        ‘(A) IMPORTING MANUFACTURERS- Each annual payment to an importing manufacturer

described in subsection (b)(1) shall be in an amount equal to one-third of the amount determined by multiplying $2,202,000 by a fraction--

          ‘(i) the numerator of which is the amount attributable to the duties paid on eligible wool products imported in calendar year 1999 by the importing manufacturer making the claim, and

          ‘(ii) the denominator of which is the total amount attributable to the duties paid on eligible wool products imported in calendar year 1999 by all the importing manufacturers described in subsection (b)(1).

        ‘(B) ELIGIBLE WOOL PRODUCTS- For purposes of subparagraph (A), the term ‘eligible wool products’ refers to imported wool yarn described in subsection (b)(1).

        ‘(C) NONIMPORTING MANUFACTURERS- Each annual payment to a nonimporting manufacturer described in subsection (b)(2) shall be in an amount equal to one-half of the amount determined by multiplying $141,000 by a fraction--

          ‘(i) the numerator of which is the amount attributable to the purchases of imported eligible wool products in calendar year 1999 by the nonimporting manufacturer making the claim, and

          ‘(ii) the denominator of which is the total amount attributable to the purchases of imported eligible wool products in calendar year 1999 by all the nonimporting manufacturers described in subsection (b)(2).

      ‘(3) MANUFACTURERS OF WOOL YARN OR WOOL FABRIC OF IMPORTED WOOL FIBER OR WOOL TOP-

        ‘(A) IMPORTING MANUFACTURERS- Each annual payment to an importing manufacturer described in subsection (c)(1) shall be in an amount equal to one-third of the amount determined by multiplying $1,522,000 by a fraction--

          ‘(i) the numerator of which is the amount attributable to the duties paid on eligible wool products imported in calendar year 1999 by the importing manufacturer making the claim, and

          ‘(ii) the denominator of which is the total amount attributable to the duties paid on eligible wool products imported in calendar year 1999 by all the importing manufacturers described in subsection (c)(1).

        ‘(B) ELIGIBLE WOOL PRODUCTS- For purposes of subparagraph (A), the term ‘eligible wool products’ refers to imported wool fiber or wool top described in subsection (c)(1).

        ‘(C) NONIMPORTING MANUFACTURERS- Each annual payment to a nonimporting manufacturer described in subsection (c)(2) shall be in an amount equal to one-half of the amount determined by multiplying $597,000 by a fraction--

          ‘(i) the numerator of which is the amount attributable to the purchases of imported eligible wool products in calendar year 1999 by the nonimporting manufacturer making the claim, and

          ‘(ii) the denominator of which is the amount attributable to the purchases of imported eligible wool products in calendar year 1999 by all the nonimporting manufacturers described in subsection (c)(2).

      ‘(4) LETTERS OF INTENT- Except for the nonimporting manufacturers described in subsections (b)(2) and (c)(2) who may make claims under this section by virtue of the enactment of the Wool Manufacturer Payment Clarification and Technical Corrections Act, only manufacturers who, according to the records of the Customs Service, filed with the Customs Service before September 11, 2001, letters of intent to establish eligibility to be claimants are eligible to make a claim for a payment under this section.

      ‘(5) AMOUNT ATTRIBUTABLE TO PURCHASES BY NONIMPORTING MANUFACTURERS-

        ‘(A) AMOUNT ATTRIBUTABLE- For purposes of paragraphs (2)(C) and (3)(C), the amount attributable to the purchases of imported eligible wool products in calendar year 1999 by a nonimporting manufacturer shall be the amount the nonimporting manufacturer paid for eligible wool products in calendar year 1999, as evidenced by invoices. The nonimporting manufacturer shall make such calculation and submit the resulting amount to the Customs Service, within 45 days after the date of enactment of the Wool Manufacturer Payment Clarification and Technical Corrections Act, in a signed affidavit that attests that the information contained therein is true and accurate to the best of the affiant’s belief and knowledge. The nonimporting manufacturer shall retain the records upon which the calculation is based for a period of five years beginning on the date the affidavit is submitted to the Customs Service.

        ‘(B) ELIGIBLE WOOL PRODUCT- For purposes of subparagraph (A)--

          ‘(i) the eligible wool product for nonimporting manufacturers of worsted wool fabrics is wool yarn of the kind described in heading 9902.51.13 of the Harmonized Tariff Schedule of the United States purchased in calendar year 1999; and

          ‘(ii) the eligible wool products for nonimporting manufacturers of wool yarn or wool fabric are wool fiber or wool top of the kind described in heading 9902.51.14 of such Schedule purchased in calendar year 1999.

      ‘(6) AMOUNT ATTRIBUTABLE TO DUTIES PAID- For purposes of paragraphs (1), (2)(A), and (3)(A), the amount attributable to the duties paid by a manufacturer shall be the amount shown on the records of the Customs Service as of September 11, 2001, under this section as then in effect.

      ‘(7) SCHEDULE OF PAYMENTS; REALLOCATIONS-

        ‘(A) SCHEDULE- Of the payments described in paragraphs (1), (2)(A), and (3)(A), the Customs Service shall make the first installment on or before December 31, 2001, the second installment on or before April 15, 2002, and the third installment on or before April 15, 2003. Of the payments described in paragraphs (2)(C) and (3)(C), the Customs Service shall make the first installment on or before April 15, 2002, and the second installment on or before April 15, 2003.

        ‘(B) REALLOCATIONS- In the event that a manufacturer that would have received payment under subparagraph (A) or (C) of paragraph (1), (2), or (3) ceases to be qualified for such payment as such a manufacturer, the amounts otherwise payable to the remaining manufacturers under such subparagraph shall be increased on a pro rata basis by the amount of the payment such manufacturer would have received.

      ‘(8) REFERENCE- For purposes of paragraphs (1)(A) and (6), the ‘records of the Customs Service as of September 11, 2001’ are the records of the Wool Duty Unit of the Customs Service on September 11, 2001, as adjusted by the Customs Service to the extent necessary to carry out this section. The amounts so adjusted are not subject to administrative or judicial review.

    ‘(e) AFFIDAVITS BY MANUFACTURERS-

      ‘(1) AFFIDAVIT REQUIRED- A manufacturer may not receive a payment under this section for calendar year 2000, 2001, or 2002, as the case may be, unless that manufacturer has submitted to the Customs Service for that calendar year a signed affidavit that attests that, during that calendar year, the affiant was a manufacturer in the United States described in subsection (a), (b), or (c).

      ‘(2) TIMING- An affidavit under paragraph (1) shall be valid--

        ‘(A) in the case of a manufacturer described in paragraph (1), (2)(A), or (3)(A) of subsection (d) filing a claim for a payment for calendar year 2000, only if the affidavit is postmarked no later than 15 days after the date of enactment of the Wool Manufacturer Payment Clarification and Technical Corrections Act; and

        ‘(B) in the case of a claim for a payment for calendar year 2001 or 2002, only if the affidavit is postmarked no later than March 1, 2002, or March 1, 2003, respectively.

    ‘(f) OFFSETS- Notwithstanding any other provision of this section, any amount otherwise payable under subsection (d) to a manufacturer in calendar year 2001 and, where applicable, in calendar years 2002 and 2003, shall be reduced by the amount of any payment received by that manufacturer under this section before the enactment of the Wool Manufacturer Payment Clarification and Technical Corrections Act.

    ‘(g) DEFINITION- For purposes of this section, the manufacturer is the party that owns--

      ‘(1) imported worsted wool fabric, of the kind described in heading 9902.51.11 or 9902.51.12 of the Harmonized Tariff Schedule of the United States, at the time the fabric is cut and sewn in the United States into men’s or boys’ suits, suit-type jackets, or trousers;

      ‘(2) imported wool yarn, of the kind described in heading 9902.51.13 of such Schedule, at the time the yarn is processed in the United States into worsted wool fabric; or

      ‘(3) imported wool fiber or wool top, of the kind described in heading 9902.51.14 of such Schedule, at the time the wool fiber or wool top is processed in the United States into wool yarn.’.

      (2) FUNDING- There is authorized to be appropriated and is appropriated, out of amounts in the General Fund of the Treasury not otherwise appropriated, $36,251,000 to carry out the amendments made by paragraph (1).

SEC. 202. CEILING FANS.

    (a) IN GENERAL- Notwithstanding any other provision of law, ceiling fans classified under subheading 8414.51.00 of the Harmonized Tariff Schedule of the United States imported from Thailand shall enter duty-free and without any quantitative limitations, if duty-free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have applied to such entry had the competitive need limitation been waived under section 503(d) of such Act.

    (b) APPLICABILITY- The provisions of this section shall apply to ceiling fans described in subsection (a) that are entered, or withdrawn from warehouse for consumption--

      (1) on or after the date that is 15 days after the date of enactment of this Act; and

      (2) before July 30, 2002.

SEC. 203. CERTAIN STEAM OR OTHER VAPOR GENERATING BOILERS USED IN NUCLEAR FACILITIES.

    (a) IN GENERAL- Subheading 9902.84.02 of the Harmonized Tariff Schedule of the United States is amended--

      (1) by striking ‘4.9%’ and inserting ‘Free’; and

      (2) by striking ‘12/31/2003’ and inserting ‘12/31/2006’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2002.

Calendar No. 295

107th CONGRESS

1st Session

H. R. 3009

[Report No. 107-126]

AN ACT

To extend the Andean Trade Preference Act, to grant additional trade benefits under that Act, and for other purposes.


December 14, 2001

Reported with an amendment