Haiti Economic Recovery Opportunity Act - Amends the Caribbean Basin Economic Recovery Act to provide, beginning on October 1, 2004, and for each of the seven succeeding one-year periods, duty-free treatment for apparel items wholly assembled or knit-to-shape in Haiti (without regard to the country of origin of the fabrics, components, or yarns) if the President certifies to Congress that Haiti: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) is meeting specified enforcement conditions aimed at preventing tariff or quota avoidance, customs evasion, unlawful transshipment, or false information or false document use in order to obtain such preferential treatment.
Applies such provisions to goods entered or withdrawn from a warehouse for consumption on or after October 1, 2004, including a retroactive application to certain warehouse entries or withdrawals made between such date and the date of enactment of this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1937 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1937
To expand certain preferential trade treatment for Haiti.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 27, 2005
Mr. DeWine (for himself, Mr. Nelson of Florida, Mr. Lugar, Mr. Biden,
Mr. Coleman, Mr. Dodd, Mr. Hagel, Mr. Durbin, Mr. McCain, Mr.
Lieberman, Mr. Martinez, Mr. Bingaman, Mr. Sununu, Mr. Jeffords, Mr.
Lautenberg, Mr. Chafee, Mr. Voinovich, and Mr. Smith) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
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''.
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, beginning on October 1, 2004, and in each of the 7
succeeding 1-year periods, 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 and conditions set forth in subsections (d)
and (e).
``(b) Apparel Articles Described.--Apparel articles described in
this subsection are apparel articles that are wholly assembled or knit-
to-shape in Haiti from any combination of fabrics, fabric components,
components knit-to-shape, and yarns without regard to the country of
origin of the fabrics, components, or yarns.
``(c) Preferential Treatment.--The preferential treatment described
in subsection (a), shall be extended--
``(1) during the 12-month period beginning on October 1,
2004, 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, 2003; 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 is meeting the conditions of
subsection (e) and 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.
``(e) Conditions Regarding Enforcement of Circumvention.--
``(1) In general.--The preferential treatment under
subsection (b) shall not apply unless the President certifies
to Congress that Haiti is meeting the following conditions:
``(A) Haiti has adopted an effective visa system,
domestic laws, and enforcement procedures applicable to
articles described in subsection (b) to prevent
unlawful transshipment of the articles and the use of
counterfeit documents relating to the importation of
the articles into the United States.
``(B) Haiti has enacted legislation or promulgated
regulations that would permit the Bureau of Customs and
Border Protection verification teams to have the access
necessary to investigate thoroughly allegations of
transshipment through such country.
``(C) Haiti agrees to report, on a timely basis, at
the request of the Bureau of Customs and Border
Protection, on the total exports from and imports into
that country of articles described in subsection (b),
consistent with the manner in which the records are
kept by Haiti.
``(D) Haiti agrees to cooperate fully with the
United States to address and take action necessary to
prevent circumvention.
``(E) Haiti agrees to require all producers and
exporters of articles described in subsection (b) in
that country to maintain complete records of the
production and the export of the articles, including
materials used in the production, for at least 2 years
after the production or export (as the case may be).
``(F) Haiti agrees to report, on a timely basis, at
the request of the Bureau of Customs and Border
Protection, documentation establishing the country of
origin of articles described in subsection (b) as used
by that country in implementing an effective visa
system.
``(2) Definitions.--In this subsection:
``(A) Circumvention.--The term `circumvention'
means any action involving the provision of a false
declaration or false information for the purpose of, or
with the effect of, violating or evading existing
customs, country of origin labeling, or trade laws of
the United States or Haiti relating to imports of
textile and apparel goods, if such action results--
``(i) in the avoidance of tariffs, quotas,
embargoes, prohibitions, restrictions, trade
remedies, including antidumping or
countervailing duties, or safeguard measures;
or
``(ii) in obtaining preferential tariff
treatment.
``(B) Transshipment.--The term `transshipment' has
the meaning given such term under section
213(b)(2)(D)(iii).''.
(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, 2004.
(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 United States 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, 2004, 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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