< Back to H.R. 5650 (107th Congress, 2001–2002)

Text of the Haiti Economic Recovery Opportunity Act of 2002

This bill was introduced on October 16, 2002, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 16, 2002 (Introduced).

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Source: GPO

HR 5650 IH

107th CONGRESS

2d Session

H. R. 5650

To expand certain preferential trade treatment for Haiti.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 16, 2002

Mr. GILMAN introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To expand certain preferential trade treatment for Haiti.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Haiti Economic Recovery Opportunity Act of 2002’.

SEC. 2. TRADE BENEFITS TO HAITI.

    (a) IN GENERAL- The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended by inserting after section 213 the following new section:

‘SEC. 213A. SPECIAL RULE FOR HAITI.

    ‘(a) IN GENERAL- In addition to any other preferential treatment under this Act, in each 12-month period beginning on October 1, 2002, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements set forth in subsection (d).

    ‘(b) APPAREL ARTICLES DESCRIBED- Apparel articles described in this subsection are apparel articles that are wholly assembled or knit-to-shape in Haiti exclusively from any combination of fabrics, fabric components, components knit-to-shape, and yarns formed in one or more of the following countries:

      ‘(1) The United States.

      ‘(2) Any country that is party to a free trade agreement with the United States, on January 1, 2002.

      ‘(3) Any country that enters into a free trade agreement with the United States subject to the provisions of title XXI of the Trade Act of 2002 (Public Law 107-210).

      ‘(4) Any country designated as a beneficiary country under--

        ‘(A) section 213(b)(5)(B) of this Act;

        ‘(B) section 506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 2466a(a)(1)); or

        ‘(C) section 204(b)(6)(B) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)).

      ‘(5) Any country, if the fabrics or yarns are designated as not being commercially available in the United States for the purposes of NAFTA (Annex 401), the Caribbean Basin Trade Partnership Act, the African Opportunity and Growth Act, or the Andean Trade Promotion and Drug Eradication Act.

    ‘(c) PREFERENTIAL TREATMENT- The preferential treatment described in subsection (a), shall be extended--

      ‘(1) during the 12-month period beginning on October 1, 2002, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period beginning October 1, 2001; and

      ‘(2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of--

        ‘(A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and

        ‘(B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year.

    ‘(d) ELIGIBILITY REQUIREMENTS- Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti--

      ‘(1) has established, or is making continual progress toward establishing--

        ‘(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets;

        ‘(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law;

        ‘(C) the elimination of barriers to United States trade and investment, including by--

          ‘(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment;

          ‘(ii) the protection of intellectual property; and

          ‘(iii) the resolution of bilateral trade and investment disputes;

        ‘(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through microcredit or other programs;

        ‘(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and

        ‘(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;

      ‘(2) does not engage in activities that undermine United States national security or foreign policy interests; and

      ‘(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities.’.

    (b) EFFECTIVE DATE-

      (1) IN GENERAL- The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2002.

      (2) RETROACTIVE APPLICATION TO CERTAIN ENTRIES- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)--

        (A) that was made on or after October 1, 2002, and before the date of the enactment of this Act, and

        (B) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal,

      shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.