112th CONGRESS
2d Session
S. 3326
IN THE SENATE OF THE UNITED STATES
AN ACT
To amend the African Growth and Opportunity Act to extend the third-country fabric program and to add South Sudan to the list of countries eligible for designation under that Act, to make technical corrections to the Harmonized Tariff Schedule of the United States relating to the textile and apparel rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement, to approve the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes.
Amendments to African Growth and Opportunity Act
Extension of third-Country fabric program
Section 112(c)(1) of the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1)) is amended—
in the paragraph heading, by striking
2012
and inserting 2015
;
in subparagraph (A), by striking
2012
and inserting 2015
; and
in subparagraph (B)(ii), by striking
2012
and inserting 2015
.
Addition of South Sudan
Section 107 of that Act (19 U.S.C. 3706) is
amended by inserting after Republic of South Africa (South
Africa).
the following:
Republic of South Sudan (South Sudan).
.
Conforming amendment
Section 102(2) of that Act (19 U.S.C.
3701(2)) is amended by striking 48
.
Effective date
The amendments made by this section shall take effect on the date of the enactment of this Act.
Modifications to textile and apparel rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement
Definitions
In this section:
Agreement
The term Agreement
has the
meaning given the term in section 3(1) of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act (Public Law
109–53; 19 U.S.C. 4002(1)).
CAFTA–DR country
The term CAFTA–DR country
has the meaning given the term in section 3(2) of the Dominican
Republic-Central America-United States Free Trade Agreement Implementation Act
(Public Law 109–53; 19 U.S.C. 4002(2)).
HTS
The term HTS
means the
Harmonized Tariff Schedule of the United States.
Trade representative
The term Trade
Representative
means the United States Trade Representative.
Modifications to the Textile and Apparel Rules of Origin
Interpretation and application of rules of origin
Subdivision (m)(viii) of general note 29 of the HTS is amended as follows:
The matter following subdivision (A)(2) is
amended by striking the second sentence and inserting the following: Any
elastomeric yarn (except latex) contained in the originating yarns referred to
in subdivision (A)(2) must be formed in the territory of one or more of the
parties to the Agreement.
.
Subdivision (B) is amended—
in the matter preceding subdivision (B)(1),
by striking exclusive of collars and cuffs where applicable,
and
inserting exclusive of collars, cuffs and ribbed waistbands (only if the
ribbed waistband is present in combination with cuffs and identical in fabric
construction to the cuffs) where applicable,
;
in subdivision (B)(2), by inserting
or knit to shape components
after one or more
fabrics
;
by amending subdivision (B)(3) to read as follows:
any combination of the fabrics referred to in subdivision (B)(1), the fabrics or knit to shape components referred to in subdivision (B)(2), or one or more fabrics or knit to shape components originating under this note.
; and
in the matter following subdivision (B)(3),
by striking the last sentence and inserting the following: Any
elastomeric yarn (except latex) contained in an originating fabric or knit to
shape component referred to in subdivision (B)(3) must be formed in the
territory of one or more of the parties to the Agreement.
.
Subdivision (C) is amended—
in subdivision (C)(2), by inserting
or knit to shape components
after one or more
fabrics
;
by amending subdivision (C)(3) to read as follows:
any combination of the fabrics referred to in subdivision (C)(1), the fabrics or knit to shape components referred to in subdivision (C)(2) or one or more fabrics or knit to shape components originating under this note.
; and
in the matter following subdivision (C)(3),
by striking the second sentence and inserting the following: Any
elastomeric yarn (except latex) contained in an originating fabric or knit to
shape component referred to in subdivision (C)(3) must be formed in the
territory of one or more of the parties to the Agreement.
.
Change in tariff classification rules
Subdivision (n) of general note 29 of the HTS is amended as follows:
Chapter rule 4 to chapter 61 is amended—
by striking 5401 or 5508
and
inserting 5401, or 5508 or yarn of heading 5402 used as sewing
thread,
; and
by inserting or yarn
after
only if such sewing thread
.
The chapter rules to chapter 61 are amended by inserting after chapter rule 5 the following:
Notwithstanding chapter rules 1, 3, 4 or 5 to this chapter, an apparel good of chapter 61 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to this chapter, narrow elastic fabrics as described in chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 4 to this chapter or pocket bag fabric described in chapter rule 5 to this chapter, provided such material is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.
.
Chapter rules 3, 4, and 5 to chapter 62 are
each amended by striking nightwear
each place it appears and
inserting sleepwear
.
Chapter rule 4 to chapter 62 is amended—
by striking 5401 or 5508
and
inserting 5401, or 5508 or yarn of heading 5402 used as sewing
thread,
; and
by inserting or yarn
after
only if such sewing thread
.
The chapter rules to chapter 62 are amended by inserting after chapter rule 5 the following:
Notwithstanding chapter rules 1, 3, 4 or 5 to this chapter, an apparel good of chapter 62 shall be considered originating regardless of the origin of any visible lining fabric described in chapter rule 1 to this chapter, narrow elastic fabrics as described in chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 4 to this chapter or pocket bag fabric described in chapter rule 5, provided such material is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.
.
Tariff classification rule 33 to chapter 62 is amended to read as follows:
A change to pajamas and sleepwear of subheadings 6207.21 or 6207.22, tariff items 6207.91.30 or 6207.92.40, subheadings 6208.21 or 6208.22 or tariff items 6208.91.30, 6208.92.00 or 6208.99.20 from any other chapter, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement.
.
Chapter rule 2 to chapter 63 is amended—
by striking 5401 or 5508
and
inserting 5401, or 5508 or yarn of heading 5402 used as sewing
thread,
; and
by inserting or yarn
after
only if such sewing thread
.
The chapter rules to chapter 63 are amended by inserting after chapter rule 2 the following:
Notwithstanding chapter rule 2 to this chapter, a good of this chapter shall be considered originating regardless of the origin of sewing thread or yarn of heading 5402 used as sewing thread described in chapter rule 2 to this chapter, provided the thread or yarn is listed in U.S. note 20 to subchapter XXII of chapter 98 and the good meets all other applicable requirements for preferential tariff treatment under this note.
.
Effective date
In general
The amendments made by this subsection apply to goods of a CAFTA–DR country that are entered, or withdrawn from warehouse for consumption, on or after the date that the Trade Representative determines is the first date on which the equivalent amendments to the rules of origin of the Agreement have entered into force in all CAFTA–DR countries.
Publication of determination
The Trade Representative shall promptly publish notice of the determination under subparagraph (A) in the Federal Register.
Extension of and renewal of import restrictions under Burmese Freedom and Democracy Act of 2003
Extension of Burmese Freedom and Democracy Act of 2003
Section 9(b)(3)
of the Burmese Freedom and Democracy Act of 2003 (Public Law 108–61; 50 U.S.C.
1701 note) is amended by striking nine years
and inserting
twelve years
.
Renewal of import restrictions
In general
Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003.
Rule of construction
This section shall be deemed to be a
renewal resolution
for purposes of section 9 of the Burmese
Freedom and Democracy Act of 2003.
Effective date
This section and the amendment made by this section shall take effect on the date of the enactment of this Act or July 26, 2012, whichever occurs first.
Time for payment of corporate estimated taxes
Notwithstanding section 6655 of the Internal Revenue Code of 1986—
in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year), the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2017 shall be 100.25 percent of such amount; and
the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph.
Extension of customs user fees
Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended—
in subparagraph (A), by striking
August 2, 2021
and inserting October 22,
2021
;
in subparagraph (B)(i), by striking
December 8, 2020
and inserting October 29, 2021
;
and
by striking subparagraphs (C) and (D).
Passed the Senate August 2, 2012.
Secretary
