(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)
United States-Colombia Trade Promotion Agreement Implementation Act - Title I: Approval of, and General Provisions Relating to, the Agreement - (Sec. 101) Approves the United States-Colombia Trade Promotion Agreement (the Agreement) entered into on November 22, 2006, with the government of Colombia, as amended by both governments on June 28, 2007, and the statement of administrative action proposed to implement the Agreement, both submitted to Congress on October 3, 2011. Allows for the Agreement's entry into force upon certain conditions being met on or after January 1, 2012.
(Sec. 103) Authorizes the President to proclaim actions, and other appropriate officers of the U.S. government to issue regulations, necessary to ensure appropriate implementation of any provision of this Act that takes effect on the date the Agreement enters into force. Declares that proclaimed actions that are not subject to consultation and layover requirements under this Act shall not take effect before the 15th day after the text of the proclamation is published in the Federal Register.
(Sec. 104) Permits presidential proclamations calling for action under this Act to be proclaimed only if: (1) the President has obtained advice regarding the proposed action from the appropriate advisory committees and the U.S. International Trade Commission (ITC), (2) the President has reported to specified congressional committees with respect to such action, (3) a period of 60 days has expired, and (4) the President has consulted with the appropriate congressional committees during such 60-day period.
(Sec. 105) Authorizes the President to establish or designate within the Department of Commerce an office to provide administrative assistance to dispute settlement panels established under the Agreement. Authorizes appropriations.
(Sec. 106) Authorizes the United States to resolve any claim against it covered by the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in the Agreement.
Title II: Customs Provisions - (Sec. 201) Authorizes the President to proclaim necessary or appropriate modifications or continuation of duty, continuation of duty-free or excise treatment, or additional duties to carry out the Agreement.
Requires the President to terminate the designation of Colombia as a beneficiary developing country for purposes of the General System of Preferences program under the Trade Act of 1974 and preferential treatment under the Andean Trade Preference Act on the date the Agreement enters into force.
Authorizes the President, subject to the consultation and layover requirements of this Act, to deem as necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions provided for by the Agreement such: (1) modifications or continuation of any duty, (2) modifications as the United States may agree to with Colombia regarding the staging of any duty treatment specified in the Agreement, (3) continuation of duty-free or excise treatment, or (4) additional duties.
(Sec. 202) Prescribes requirements for additional duties, under specified conditions, on certain agricultural safeguard goods.
(Sec. 203) Prescribes certain rules of origin with respect to the reduction and elimination of duties imposed by the United States and Colombia on certain goods wholly obtained or produced entirely in the territory of the other country. Prescribes a special rule for certain automotive goods. Specifies content requirements allowing certain textile and apparel goods to be considered originating goods.
(Sec. 204) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to prohibit the charge of a fee for certain customs services with respect to originating goods under the Agreement. Prohibits any service exempted from such fees from being funded with money from the Customs User Fee Account.
(Sec. 205) Amends the Tariff Act of 1930 to exempt: (1) an importer from penalties for making an incorrect claim that a good qualifies as an originating good under the Agreement if the importer voluntarily and promptly makes a corrected declaration and pays any duties owing; and (2) an exporter or producer from penalties for making false certifications of origin under the Agreement if such person, promptly after issuing such certification, has reason to believe that it contains or is based on incorrect information, and voluntarily provides a written notice to every recipient of it.
Exempts persons from penalties if: (1) the information was correct at the time it was provided in a Colombia Trade Promotion Agreement (CTPA) certification of origin but was later rendered incorrect because of a change in circumstances; and (2) the person promptly and voluntarily provides written notice of the change in circumstances to all recipients of such certification.
Declares that, if the U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS) finds indications of a pattern of conduct by an importer, exporter, or producer of false or unsupported representations that goods qualify under the rules of origin, CBP may suspend preferential tariff treatment under the Agreement for entries of identical goods covered by subsequent representations by the individuals until it determines that the representations conform with such rules.
(Sec. 206) Authorizes the CBP/ICE (formerly the U.S. Customs Service) to reliquidate an entry and refund any excess duties (including merchandise processing fees) paid on a good qualifying under the rules of origin for which no claim for preferential treatment was made at the time of importation if the importer takes certain actions within one year after such importation.
(Sec. 207) Requires a person who issues a CTPA certification of origin for a good exported from the United States to make, keep for at least five years after such certification is issued, and render for examination and inspection all records and supporting documents related to such certification.
(Sec. 208) Authorizes the President to direct the Secretary of the Treasury, during the period of a verification procedure by the government of Colombia, to determine: (1) that an exporter or producer in Colombia is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods; or (2) that a claim is accurate that such a good exported or produced by the exporter or producer qualifies as an originating good, or is a good of Colombia.
Requires the Secretary to: (1) suspend preferential tariff treatment under the Agreement of any textile or apparel good that a person subject to such verification has produced or exported if the Secretary believes there is insufficient information to sustain a claim for such treatment, (2) deny preferential treatment to such goods if the Secretary decides that a person has provided incorrect information to support a claim for such treatment, (3) detain such goods if the Secretary considers there is insufficient information to determine their country of origin, and (4) deny entry to such goods if the Secretary determines that a person has provided erroneous information of their origin.
Authorizes: (1) the President to deny preferential treatment and entry into the United States to such textile and apparel goods, if the Secretary determines that the information obtained from verification is insufficient to make a determination; and (2) the Secretary to publish the name of any person engaged in circumvention of applicable laws, regulations, or procedures affecting trade in such goods, or who has failed to demonstrate that it produces or is capable of producing them.
Title III: Relief From Imports - Subtitle A: Relief From Imports Benefiting From the Agreement - (Sec. 311) Authorizes an entity (including a trade association, firm, certified or recognized union, or group of workers) to petition the ITC for an adjustment to U.S. obligations under the Agreement. Requires the ITC, upon the filing of a petition, to investigate promptly whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Colombian article is being imported into the United States in such increased quantities as to be a substantial cause or threat of serious injury to the domestic industry producing an article like, or directly competitive with, the imported article. Exempts from such an investigation any Colombian articles receiving import relief under the Agreement.
(Sec. 313) Requires the President, after receiving an affirmative injury determination from the ITC, to provide (including the extension) in the aggregate up to four-years of import relief to remedy or prevent such injury and to facilitate efforts of the domestic industry to make a positive adjustment to import competition. Includes among such relief measures: (1) suspension of any further reduction provided by the Agreement in the duty imposed on such article, and (2) an increase in the rate of duty imposed on such article to a level that does not exceed an amount determined according to a specified formula.
(Sec. 314) Prohibits any import relief 10 years after the Agreement enters into force, except for articles whose period for tariff elimination exceeds 10 years.
(Sec. 315) Applies to the four-year import relief provided by the President (see section 313, above) the compensation authority of the Trade Act of 1974 which authorizes the President to grant Colombia new concessions as compensation for the imposition of import relief in a bilateral safeguard investigation in order to maintain the general level of reciprocal concessions under the Agreement.(Sec. 316) Amends the Trade Act of 1974 to apply to ITC investigations conducted under this Act the procedural requirements of the Tariff Act of 1930 concerning release of confidential business information.
Subtitle B: Textile and Apparel Safeguard Measures - (Sec. 321) Authorizes an interested party to request the President to adjust U.S. obligations under the Agreement. Requires the President, pursuant to such a request, to determine whether, as a result of the elimination of a duty under the Agreement, a Colombian textile or apparel article is being imported into the United States in such increased quantities as to constitute a substantial cause or threat of serious damage to a domestic industry producing an article like, or directly competitive with, the imported article.
(Sec. 322) Authorizes the President, if an affirmative serious damage determination is made, to provide certain import relief to remedy or prevent the damage and to facilitate adjustment by the domestic industry, including to increase the rate of duty imposed on the article to a level that does not exceed an amount determined according to a specified formula.
(Sec. 323) Limits such relief (including the extension) in the aggregate to three years.
(Sec. 326) Prohibits any import relief under this subtitle with respect to any article five years after the Agreement enters into force.
(Sec. 327) Applies to any import relief provided by the President under this subtitle the compensation authority of the Trade Act of 1974, which authorizes the President to grant Colombia new concessions as compensation for the imposition of import relief in a textile and apparel safeguard proceeding, in order to maintain the general level of reciprocal concessions under the Agreement.
(Sec. 328) Prohibits the President from releasing confidential business information received in connection with an investigation or determination under this subtitle unless the submitting party had notice, at the time of submission, that such information would be released, or the party subsequently consents to such release. Requires any party submitting such confidential business information also to provide a nonconfidential version of the information, in which the confidential business information is summarized or, if necessary, deleted.
Subtitle C: Cases Under Title II of the Trade Act of 1974 - (Sec. 331) Requires the ITC, whenever it makes an affirmative determination that an imported article constitutes a substantial cause or threat of serious injury to a domestic industry producing an article like or directly competitive with it, also to find (and report to the President) whether imports from Colombia are a substantial cause or threat of serious injury to such industry. Authorizes the President to exclude goods of Colombia from any import relief action if they are not a substantial cause or threat of serious injury to the domestic industry.
Title IV: Procurement - (Sec. 401) Amends the Trade Agreements Act of 1979 to make eligible for U.S. government procurement products or services of a foreign country or instrumentality that is a party to the Agreement.
Title V: Extension of Andean Trade Preference Act - (Sec. 501) Amends the Andean Trade Preference Act (ATPA) to extend duty-free treatment or other preferential treatment of the products of Colombia and Ecuador through July 31, 2013.
Extends through FY2013 preferential treatment for apparel articles assembled in one or more beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres).
Extends through FY2013 the President's authority to take bilateral emergency action to grant duty-free treatment of certain apparel articles imported from an ATPDEA beneficiary country.
Requires the liquidation or reliquidation (refund of duties) on such articles that entered into the United States after February 12, 2011, and before the 15th day after enactment of this Act.
Title VI: Offsets - (Sec. 601) Amends COBRA to eliminate certain exemptions for Canada and Mexico from the payment of customs user fees for arriving passengers whose journey originated in, or originated in the United States and was limited to, Canada, Mexico, or any adjacent island. (Retains the current customs user fee exemptions for arriving passengers whose journey originated in, or originated in the United States and was limited to, a U.S. territory and possession.)
(Sec. 602) Extends user fees for certain customs services performed between August 3, 2021, and September 30, 2021, and other specified user fees for customs services performed between December 9, 2020, and August 31, 2021.
(Sec. 603) Increases by 0.50% the required estimated tax payments otherwise due in the third quarter of 2016 from corporations with assets of at least $1 billion.
[112th Congress Public Law 42]
[From the U.S. Government Publishing Office]
[[Page 461]]
UNITED STATES-COLOMBIA TRADE PROMOTION AGREEMENT IMPLEMENTATION ACT
[[Page 125 STAT. 462]]
Public Law 112-42
112th Congress
An Act
To implement the United States-Colombia Trade Promotion
Agreement. <<NOTE: Oct. 21, 2011 - [H.R. 3078]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States-
Colombia Trade Promotion Agreement Implementation Act. 19 USC 3805
note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
Colombia Trade Promotion Agreement Implementation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the Agreement to United States and State law.
Sec. 103. Implementing actions in anticipation of entry into force and
initial regulations.
Sec. 104. Consultation and layover provisions for, and effective date
of, proclaimed actions.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Arbitration of claims.
Sec. 107. Effective dates; effect of termination.
TITLE II--CUSTOMS PROVISIONS
Sec. 201. Tariff modifications.
Sec. 202. Additional duties on certain agricultural goods.
Sec. 203. Rules of origin.
Sec. 204. Customs user fees.
Sec. 205. Disclosure of incorrect information; false certifications of
origin; denial of preferential tariff treatment.
Sec. 206. Reliquidation of entries.
Sec. 207. Recordkeeping requirements.
Sec. 208. Enforcement relating to trade in textile or apparel goods.
Sec. 209. Regulations.
TITLE III--RELIEF FROM IMPORTS
Sec. 301. Definitions.
Subtitle A--Relief From Imports Benefitting From the Agreement
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.
Sec. 313. Provision of relief.
Sec. 314. Termination of relief authority.
Sec. 315. Compensation authority.
Sec. 316. Confidential business information.
Subtitle B--Textile and Apparel Safeguard Measures
Sec. 321. Commencement of action for relief.
[[Page 125 STAT. 463]]
Sec. 322. Determination and provision of relief.
Sec. 323. Period of relief.
Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.
Sec. 326. Termination of relief authority.
Sec. 327. Compensation authority.
Sec. 328. Confidential business information.
Subtitle C--Cases Under Title II of the Trade Act of 1974
Sec. 331. Findings and action on Colombian articles.
TITLE IV--PROCUREMENT
Sec. 401. Eligible products.
TITLE V--EXTENSION OF ANDEAN TRADE PREFERENCE ACT
Sec. 501. Extension of Andean Trade Preference Act.
TITLE VI--OFFSETS
Sec. 601. Elimination of certain NAFTA customs fees exemption.
Sec. 602. Extension of customs user fees.
Sec. 603. Time for payment of corporate estimated taxes.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to approve and implement the free trade agreement
between the United States and Colombia entered into under the
authority of section 2103(b) of the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3803(b));
(2) to strengthen and develop economic relations between the
United States and Colombia for their mutual benefit;
(3) to establish free trade between the United States and
Colombia through the reduction and elimination of barriers to
trade in goods and services and to investment; and
(4) to lay the foundation for further cooperation to expand
and enhance the benefits of the Agreement.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the United
States-Colombia Trade Promotion Agreement approved by Congress
under section 101(a)(1).
(2) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(3) HTS.--The term ``HTS'' means the Harmonized Tariff
Schedule of the United States.
(4) Textile or apparel good.--The term ``textile or apparel
good'' means a good listed in the Annex to the Agreement on
Textiles and Clothing referred to in section 101(d)(4) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)), other than
a good listed in Annex 3-C of the Agreement.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative Action.--
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act
of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19
U.S.C. 2191), Congress approves--
[[Page 125 STAT. 464]]
(1) the United States-Colombia Trade Promotion Agreement
entered into on November 22, 2006, with the Government of
Colombia, as amended on June 28, 2007, by the United States and
Colombia, and submitted to Congress on October 3, 2011; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to Congress on
October 3, 2011.
(b) Conditions for Entry Into Force of the Agreement.--At such time
as the President determines that Colombia has taken measures necessary
to comply with those provisions of the Agreement that are to take effect
on the date on which the Agreement enters into force, the President is
authorized to exchange notes with the Government of Colombia providing
for the entry into force, on or after January 1, 2012, of the Agreement
with respect to the United States.
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE
LAW.
(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No provision
of the Agreement, nor the application of any such provision to
any person or circumstance, which is inconsistent with any law
of the United States shall have effect.
(2) Construction.--Nothing in this Act shall be construed--
(A) to amend or modify any law of the United States,
or
(B) to limit any authority conferred under any law
of the United States,
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the application
thereof, may be declared invalid as to any person or
circumstance on the ground that the provision or application is
inconsistent with the Agreement, except in an action brought by
the United States for the purpose of declaring such law or
application invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a State;
and
(B) any State law regulating or taxing the business
of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No person
other than the United States--
(1) shall have any cause of action or defense under the
Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision
of law, any action or inaction by any department, agency, or
other instrumentality of the United States, any State, or any
political subdivision of a State, on the ground that such action
or inaction is inconsistent with the Agreement.
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE
AND INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of the enactment
of this Act--
[[Page 125 STAT. 465]]
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States
Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or
amendment made by this Act, that takes effect on the date on
which the Agreement enters into force is appropriately
implemented on such date, but no such proclamation or regulation
may have an effective date earlier than the date on which the
Agreement enters into force.
(2) Effective date of certain proclaimed actions.--Any
action proclaimed by the President under the authority of this
Act that is not subject to the consultation and layover
provisions under section 104 may not take effect before the 15th
day after the date on which the text of the proclamation is
published in the Federal Register.
(3) Waiver of 15-day restriction.--The 15-day restriction
contained in paragraph (2) on the taking effect of proclaimed
actions is waived to the extent that the application of such
restriction would prevent the taking effect on the date on which
the Agreement enters into force of any action proclaimed under
this section.
(b) <<NOTE: Deadlines.>> Initial Regulations.--Initial regulations
necessary or appropriate to carry out the actions required by or
authorized under this Act or proposed in the statement of administrative
action submitted under section 101(a)(2) to implement the Agreement
shall, to the maximum extent feasible, be issued within 1 year after the
date on which the Agreement enters into force. In the case of any
implementing action that takes effect on a date after the date on which
the Agreement enters into force, initial regulations to carry out that
action shall, to the maximum extent feasible, be issued within 1 year
after such effective date.
SEC. 104. <<NOTE: President.>> CONSULTATION AND LAYOVER PROVISIONS
FOR, AND EFFECTIVE DATE OF, PROCLAIMED
ACTIONS.
If a provision of this Act provides that the implementation of an
action by the President by proclamation is subject to the consultation
and layover requirements of this section, such action may be proclaimed
only if--
(1) the President has obtained advice regarding the proposed
action from--
(A) the appropriate advisory committees established
under section 135 of the Trade Act of 1974 (19 U.S.C.
2155); and
(B) the Commission;
(2) <<NOTE: Reports.>> the President has submitted to the
Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report that sets forth--
(A) the action proposed to be proclaimed and the
reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) <<NOTE: Time period.>> a period of 60 calendar days,
beginning on the first day on which the requirements set forth
in paragraphs (1) and (2) have been met, has expired; and
(4) the President has consulted with the committees referred
to in paragraph (2) regarding the proposed action during the
period referred to in paragraph (3).
[[Page 125 STAT. 466]]
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) <<NOTE: President.>> Establishment or Designation of Office.--
The President is authorized to establish or designate within the
Department of Commerce an office that shall be responsible for providing
administrative assistance to panels established under chapter 21 of the
Agreement. The office shall not be considered to be an agency for
purposes of section 552 of title 5, United States Code.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year after fiscal year 2011 to the
Department of Commerce up to $262,500 for the establishment and
operations of the office established or designated under subsection (a)
and for the payment of the United States share of the expenses of panels
established under chapter 21 of the Agreement.
SEC. 106. ARBITRATION OF CLAIMS.
The United States is authorized to resolve any claim against the
United States covered by article 10.16.1(a)(i)(C) or article
10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State
Dispute Settlement procedures set forth in section B of chapter 10 of
the Agreement.
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b) and title
V, this Act and the amendments made by this Act take effect on the date
on which the Agreement enters into force.
(b) Exceptions.--
(1) In general.--Sections 1 through 3, this title, and title
VI take effect on the date of the enactment of this Act.
(2) <<NOTE: Applicability.>> Certain amendatory
provisions.--The amendments made by sections 204, 205, 207, and
401 of this Act take effect on the date of the enactment of this
Act and apply with respect to Colombia on the date on which the
Agreement enters into force.
(c) Termination of the Agreement.--On the date on which the
Agreement terminates, this Act (other than this subsection and titles V
and VI) and the amendments made by this Act (other than the amendments
made by titles V and VI) shall cease to have effect.
TITLE II--CUSTOMS PROVISIONS
SEC. 201. TARIFF MODIFICATIONS.
(a) <<NOTE: President.>> Tariff Modifications Provided for in the
Agreement.--
(1) Proclamation authority.--The President may proclaim--
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise
treatment, or
(C) such additional duties,
as the President determines to be necessary or appropriate to
carry out or apply articles 2.3, 2.5, 2.6, and 3.3.13, and Annex
2.3, of the Agreement.
(2) Effect on gsp status.--Notwithstanding section 502(a)(1)
of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President
shall, on the date on which the Agreement enters
[[Page 125 STAT. 467]]
into force, terminate the designation of Colombia as a
beneficiary developing country for purposes of title V of the
Trade Act of 1974 (19 U.S.C. 2461 et seq.).
(3) Effect on atpa status.--Notwithstanding section
203(a)(1) of the Andean Trade Preference Act (19 U.S.C.
3202(a)(1)), the President shall, on the date on which the
Agreement enters into force, terminate the designation of
Colombia as a beneficiary country for purposes of that Act.
(b) Other Tariff Modifications.--Subject to the consultation and
layover provisions of section 104, the President may proclaim--
(1) such modifications or continuation of any duty,
(2) such modifications as the United States may agree to
with Colombia regarding the staging of any duty treatment set
forth in Annex 2.3 of the Agreement,
(3) such continuation of duty-free or excise treatment, or
(4) such additional duties,
as the President determines to be necessary or appropriate to maintain
the general level of reciprocal and mutually advantageous concessions
with respect to Colombia provided for by the Agreement.
(c) Conversion to Ad Valorem Rates.--For purposes of subsections (a)
and (b), with respect to any good for which the base rate in the
Schedule of the United States to Annex 2.3 of the Agreement is a
specific or compound rate of duty, the President may substitute for the
base rate an ad valorem rate that the President determines to be
equivalent to the base rate.
(d) <<NOTE: President.>> Tariff Rate Quotas.--In implementing the
tariff rate quotas set forth in Appendix I to the General Notes to the
Schedule of the United States to Annex 2.3 of the Agreement, the
President shall take such action as may be necessary to ensure that
imports of agricultural goods do not disrupt the orderly marketing of
commodities in the United States.
SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
(a) Definitions.--In this section:
(1) Applicable ntr (mfn) rate of duty.--The term
``applicable NTR (MFN) rate of duty'' means, with respect to a
safeguard good, a rate of duty equal to the lowest of--
(A) the base rate in the Schedule of the United
States to Annex 2.3 of the Agreement;
(B) the column 1 general rate of duty that would, on
the day before the date on which the Agreement enters
into force, apply to a good classifiable in the same 8-
digit subheading of the HTS as the safeguard good; or
(C) the column 1 general rate of duty that would, at
the time the additional duty is imposed under subsection
(b), apply to a good classifiable in the same 8-digit
subheading of the HTS as the safeguard good.
(2) Schedule rate of duty.--The term ``schedule rate of
duty'' means, with respect to a safeguard good, the rate of duty
for that good that is set forth in the Schedule of the United
States to Annex 2.3 of the Agreement.
(3) Safeguard good.--The term ``safeguard good'' means a
good--
(A) that is included in the Schedule of the United
States to Annex 2.18 of the Agreement;
(B) that qualifies as an originating good under
section 203, except that operations performed in or
material
[[Page 125 STAT. 468]]
obtained from the United States shall be considered as
if the operations were performed in, or the material was
obtained from, a country that is not a party to the
Agreement; and
(C) for which a claim for preferential tariff
treatment under the Agreement has been made.
(4) Year 1 of the agreement.--The term ``year 1 of the
Agreement'' means the period beginning on the date, in a
calendar year, on which the Agreement enters into force and
ending on December 31 of that calendar year.
(5) Years other than year 1 of the agreement.--Any reference
to a year of the Agreement subsequent to year 1 of the Agreement
shall be deemed to be a reference to the corresponding calendar
year in which the Agreement is in force.
(b) Additional Duties on Safeguard Goods.--
(1) In general.--In addition to any duty proclaimed under
subsection (a) or (b) of section 201, the Secretary of the
Treasury shall assess a duty, in the amount determined under
paragraph (2), on a safeguard good imported into the United
States in a calendar year if the Secretary determines that,
prior to such importation, the total volume of that safeguard
good that is imported into the United States in that calendar
year exceeds 140 percent of the volume that is provided for that
safeguard good in the corresponding year in the applicable table
contained in Appendix I of the General Notes to the Schedule of
the United States to Annex 2.3 of the Agreement. For purposes of
this subsection, year 1 in the table means year 1 of the
Agreement.
(2) Calculation of additional duty.--The additional duty on
a safeguard good under this subsection shall be--
(A) in year 1 of the Agreement through year 4 of the
Agreement, an amount equal to 100 percent of the excess
of the applicable NTR (MFN) rate of duty over the
schedule rate of duty;
(B) in year 5 of the Agreement through year 7 of the
Agreement, an amount equal to 75 percent of the excess
of the applicable NTR (MFN) rate of duty over the
schedule rate of duty; and
(C) in year 8 of the Agreement through year 9 of the
Agreement, an amount equal to 50 percent of the excess
of the applicable NTR (MFN) rate of duty over the
schedule rate of duty.
(3) <<NOTE: Deadline.>> Notice.--Not later than 60 days
after the date on which the Secretary of the Treasury first
assesses an additional duty in a calendar year on a good under
this subsection, the Secretary shall notify the Government of
Colombia in writing of such action and shall provide to that
Government data supporting the assessment of the additional
duty.
(c) Exceptions.--No additional duty shall be assessed on a good
under subsection (b) if, at the time of entry, the good is subject to
import relief under--
(1) subtitle A of title III of this Act; or
(2) chapter 1 of title II of the Trade Act of 1974 (19
U.S.C. 2251 et seq.).
(d) Termination.--The assessment of an additional duty on a good
under subsection (b) shall cease to apply to that good
[[Page 125 STAT. 469]]
on the date on which duty-free treatment must be provided to that good
under the Schedule of the United States to Annex 2.3 of the Agreement.
SEC. 203. RULES OF ORIGIN.
(a) Application and Interpretation.--In this section:
(1) Tariff classification.--The basis for any tariff
classification is the HTS.
(2) Reference to hts.--Whenever in this section there is a
reference to a chapter, heading, or subheading, such reference
shall be a reference to a chapter, heading, or subheading of the
HTS.
(3) Cost or value.--Any cost or value referred to in this
section shall be recorded and maintained in accordance with the
generally accepted accounting principles applicable in the
territory of the country in which the good is produced (whether
Colombia or the United States).
(b) Originating Goods.--For purposes of this Act and for purposes of
implementing the preferential tariff treatment provided for under the
Agreement, except as otherwise provided in this section, a good is an
originating good if--
(1) the good is a good wholly obtained or produced entirely
in the territory of Colombia, the United States, or both;
(2) the good--
(A) is produced entirely in the territory of
Colombia, the United States, or both, and--
(i) each of the nonoriginating materials used
in the production of the good undergoes an
applicable change in tariff classification
specified in Annex 3-A or Annex 4.1 of the
Agreement; or
(ii) the good otherwise satisfies any
applicable regional value-content or other
requirements specified in Annex 3-A or Annex 4.1
of the Agreement; and
(B) satisfies all other applicable requirements of
this section; or
(3) the good is produced entirely in the territory of
Colombia, the United States, or both, exclusively from materials
described in paragraph (1) or (2).
(c) Regional Value-content.--
(1) In general.--For purposes of subsection (b)(2), the
regional value-content of a good referred to in Annex 4.1 of the
Agreement, except for goods to which paragraph (4) applies,
shall be calculated by the importer, exporter, or producer of
the good, on the basis of the build-down method described in
paragraph (2) or the build-up method described in paragraph (3).
(2) Build-down method.--
(A) In general.--The regional value-content of a
good may be calculated on the basis of the following
build-down method:
AV-VNM ......................
RVC = ---------- <dbl-dagger> 100
AV ......................
(B) Definitions.--In subparagraph (A):
(i) RVC.--The term ``RVC'' means the regional
value-content of the good, expressed as a
percentage.
[[Page 125 STAT. 470]]
(ii) AV.--The term ``AV'' means the adjusted
value of the good.
(iii) VNM.--The term ``VNM'' means the value
of nonoriginating materials that are acquired and
used by the producer in the production of the
good, but does not include the value of a material
that is self-produced.
(3) Build-up method.--
(A) In general.--The regional value-content of a
good may be calculated on the basis of the following
build-up method:
VOM ......................
RVC = ---------- <dbl-dagger> 100
AV ......................
(B) Definitions.--In subparagraph (A):
(i) RVC.--The term ``RVC'' means the regional
value-content of the good, expressed as a
percentage.
(ii) AV.--The term ``AV'' means the adjusted
value of the good.
(iii) VOM.--The term ``VOM'' means the value
of originating materials that are acquired or
self-produced, and used by the producer in the
production of the good.
(4) Special rule for certain automotive goods.--
(A) In general.--For purposes of subsection (b)(2),
the regional value-content of an automotive good
referred to in Annex 4.1 of the Agreement shall be
calculated by the importer, exporter, or producer of the
good, on the basis of the following net cost method:
NC-VNM ......................
RVC = ---------- <dbl-dagger> 100
NC ......................
(B) Definitions.--In subparagraph (A):
(i) Automotive good.--The term ``automotive
good'' means a good provided for in any of
subheadings 8407.31 through 8407.34, subheading
8408.20, heading 8409, or any of headings 8701
through 8708.
(ii) RVC.--The term ``RVC'' means the regional
value-content of the automotive good, expressed as
a percentage.
(iii) NC.--The term ``NC'' means the net cost
of the automotive good.
(iv) VNM.--The term ``VNM'' means the value of
nonoriginating materials that are acquired and
used by the producer in the production of the
automotive good, but does not include the value of
a material that is self-produced.
(C) Motor vehicles.--
(i) Basis of calculation.--For purposes of
determining the regional value-content under
subparagraph (A) for an automotive good that is a
motor vehicle provided for in any of headings 8701
through 8705, an importer, exporter, or producer
may average the amounts calculated under the net
cost formula contained in subparagraph (A), over
the producer's fiscal year--
[[Page 125 STAT. 471]]
(I) with respect to all motor
vehicles in any one of the categories
described in clause (ii); or
(II) with respect to all motor
vehicles in any such category that are
exported to the territory of the United
States or Colombia.
(ii) Categories.--A category is described in
this clause if it--
(I) is the same model line of motor
vehicles, is in the same class of motor
vehicles, and is produced in the same
plant in the territory of Colombia or
the United States, as the good described
in clause (i) for which regional value-
content is being calculated;
(II) is the same class of motor
vehicles, and is produced in the same
plant in the territory of Colombia or
the United States, as the good described
in clause (i) for which regional value-
content is being calculated; or
(III) is the same model line of
motor vehicles produced in the territory
of Colombia or the United States as the
good described in clause (i) for which
regional value-content is being
calculated.
(D) Other automotive goods.--For purposes of
determining the regional value-content under
subparagraph (A) for automotive materials provided for
in any of subheadings 8407.31 through 8407.34, in
subheading 8408.20, or in heading 8409, 8706, 8707, or
8708, that are produced in the same plant, an importer,
exporter, or producer may--
(i) average the amounts calculated under the
net cost formula contained in subparagraph (A)
over--
(I) the fiscal year of the motor
vehicle producer to whom the automotive
goods are sold,
(II) any quarter or month, or
(III) the fiscal year of the
producer of such goods,
if the goods were produced during the fiscal year,
quarter, or month that is the basis for the
calculation;
(ii) determine the average referred to in
clause (i) separately for such goods sold to 1 or
more motor vehicle producers; or
(iii) make a separate determination under
clause (i) or (ii) for such goods that are
exported to the territory of Colombia or the
United States.
(E) Calculating net cost.--The importer, exporter,
or producer of an automotive good shall, consistent with
the provisions regarding allocation of costs provided
for in generally accepted accounting principles,
determine the net cost of the automotive good under
subparagraph (B) by--
(i) calculating the total cost incurred with
respect to all goods produced by the producer of
the automotive good, subtracting any sales
promotion, marketing, and after-sales service
costs, royalties, shipping and packing costs, and
nonallowable interest costs that are included in
the total cost of all such goods, and then
reasonably allocating the resulting net cost of
those goods to the automotive good;
[[Page 125 STAT. 472]]
(ii) calculating the total cost incurred with
respect to all goods produced by that producer,
reasonably allocating the total cost to the
automotive good, and then subtracting any sales
promotion, marketing, and after-sales service
costs, royalties, shipping and packing costs, and
nonallowable interest costs that are included in
the portion of the total cost allocated to the
automotive good; or
(iii) reasonably allocating each cost that
forms part of the total cost incurred with respect
to the automotive good so that the aggregate of
these costs does not include any sales promotion,
marketing, and after-sales service costs,
royalties, shipping and packing costs, or
nonallowable interest costs.
(d) Value of Materials.--
(1) In general.--For the purpose of calculating the regional
value-content of a good under subsection (c), and for purposes
of applying the de minimis rules under subsection (f), the value
of a material is--
(A) in the case of a material that is imported by
the producer of the good, the adjusted value of the
material;
(B) in the case of a material acquired in the
territory in which the good is produced, the value,
determined in accordance with Articles 1 through 8,
Article 15, and the corresponding interpretive notes, of
the Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade 1994 referred to
in section 101(d)(8) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(8)), as set forth in regulations
promulgated by the Secretary of the Treasury providing
for the application of such Articles in the absence of
an importation by the producer; or
(C) in the case of a material that is self-produced,
the sum of--
(i) all expenses incurred in the production of
the material, including general expenses; and
(ii) an amount for profit equivalent to the
profit added in the normal course of trade.
(2) Further adjustments to the value of materials.--
(A) Originating material.--The following expenses,
if not included in the value of an originating material
calculated under paragraph (1), may be added to the
value of the originating material:
(i) The costs of freight, insurance, packing,
and all other costs incurred in transporting the
material within or between the territory of
Colombia, the United States, or both, to the
location of the producer.
(ii) Duties, taxes, and customs brokerage fees
on the material paid in the territory of Colombia,
the United States, or both, other than duties or
taxes that are waived, refunded, refundable, or
otherwise recoverable, including credit against
duty or tax paid or payable.
(iii) The cost of waste and spoilage resulting
from the use of the material in the production of
the good, less the value of renewable scrap or
byproducts.
[[Page 125 STAT. 473]]
(B) Nonoriginating material.--The following
expenses, if included in the value of a nonoriginating
material calculated under paragraph (1), may be deducted
from the value of the nonoriginating material:
(i) The costs of freight, insurance, packing,
and all other costs incurred in transporting the
material within or between the territory of
Colombia, the United States, or both, to the
location of the producer.
(ii) Duties, taxes, and customs brokerage fees
on the material paid in the territory of Colombia,
the United States, or both, other than duties or
taxes that are waived, refunded, refundable, or
otherwise recoverable, including credit against
duty or tax paid or payable.
(iii) The cost of waste and spoilage resulting
from the use of the material in the production of
the good, less the value of renewable scrap or
byproducts.
(iv) The cost of originating materials used in
the production of the nonoriginating material in
the territory of Colombia, the United States, or
both.
(e) Accumulation.--
(1) Originating materials used in production of goods of the
other country.--Originating materials from the territory of
Colombia or the United States that are used in the production of
a good in the territory of the other country shall be considered
to originate in the territory of such other country.
(2) Multiple producers.--A good that is produced in the
territory of Colombia, the United States, or both, by 1 or more
producers, is an originating good if the good satisfies the
requirements of subsection (b) and all other applicable
requirements of this section.
(f) De Minimis Amounts of Nonoriginating Materials.--
(1) In general.--Except as provided in paragraphs (2) and
(3), a good that does not undergo a change in tariff
classification pursuant to Annex 4.1 of the Agreement is an
originating good if--
(A)(i) the value of all nonoriginating materials
that--
(I) are used in the production of the good,
and
(II) do not undergo the applicable change in
tariff classification (set forth in Annex 4.1 of
the Agreement),
does not exceed 10 percent of the adjusted value of the
good;
(ii) the good meets all other applicable
requirements of this section; and
(iii) the value of such nonoriginating materials is
included in the value of nonoriginating materials for
any applicable regional value-content requirement for
the good; or
(B) the good meets the requirements set forth in
paragraph 2 of Annex 4.6 of the Agreement.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) A nonoriginating material provided for in
chapter 4, or a nonoriginating dairy preparation
containing over 10 percent by weight of milk solids
provided for in subheading 1901.90 or 2106.90, that is
used in the production of a good provided for in chapter
4.
[[Page 125 STAT. 474]]
(B) A nonoriginating material provided for in
chapter 4, or a nonoriginating dairy preparation
containing over 10 percent by weight of milk solids
provided for in subheading 1901.90, that is used in the
production of any of the following goods:
(i) Infant preparations containing over 10
percent by weight of milk solids provided for in
subheading 1901.10.
(ii) Mixes and doughs, containing over 25
percent by weight of butterfat, not put up for
retail sale, provided for in subheading 1901.20.
(iii) Dairy preparations containing over 10
percent by weight of milk solids provided for in
subheading 1901.90 or 2106.90.
(iv) Goods provided for in heading 2105.
(v) Beverages containing milk provided for in
subheading 2202.90.
(vi) Animal feeds containing over 10 percent
by weight of milk solids provided for in
subheading 2309.90.
(C) A nonoriginating material provided for in
heading 0805, or any of subheadings 2009.11 through
2009.39, that is used in the production of a good
provided for in any of subheadings 2009.11 through
2009.39, or in fruit or vegetable juice of any single
fruit or vegetable, fortified with minerals or vitamins,
concentrated or unconcentrated, provided for in
subheading 2106.90 or 2202.90.
(D) A nonoriginating material provided for in
heading 0901 or 2101 that is used in the production of a
good provided for in heading 0901 or 2101.
(E) A nonoriginating material provided for in
chapter 15 that is used in the production of a good
provided for in any of headings 1501 through 1508, or
any of headings 1511 through 1515.
(F) A nonoriginating material provided for in
heading 1701 that is used in the production of a good
provided for in any of headings 1701 through 1703.
(G) A nonoriginating material provided for in
chapter 17 that is used in the production of a good
provided for in subheading 1806.10.
(H) Except as provided in subparagraphs (A) through
(G) and Annex 4.1 of the Agreement, a nonoriginating
material used in the production of a good provided for
in any of chapters 1 through 24, unless the
nonoriginating material is provided for in a different
subheading than the good for which origin is being
determined under this section.
(I) A nonoriginating material that is a textile or
apparel good.
(3) Textile or apparel goods.--
(A) In general.--Except as provided in subparagraph
(B), a textile or apparel good that is not an
originating good because certain fibers or yarns used in
the production of the component of the good that
determines the tariff classification of the good do not
undergo an applicable change in tariff classification,
set forth in Annex 3-A of
[[Page 125 STAT. 475]]
the Agreement, shall be considered to be an originating
good if--
(i) the total weight of all such fibers or
yarns in that component is not more than 10
percent of the total weight of that component; or
(ii) the yarns are those described in section
204(b)(3)(B)(vi)(IV) of the Andean Trade
Preference Act (19 U.S.C. 3203(b)(3)(B)(vi)(IV))
(as in effect on February 12, 2011).
(B) Certain textile or apparel goods.--A textile or
apparel good containing elastomeric yarns in the
component of the good that determines the tariff
classification of the good shall be considered to be an
originating good only if such yarns are wholly formed in
the territory of Colombia, the United States, or both.
(C) Yarn, fabric, or fiber.--For purposes of this
paragraph, in the case of a good that is a yarn, fabric,
or fiber, the term ``component of the good that
determines the tariff classification of the good'' means
all of the fibers in the good.
(g) Fungible Goods and Materials.--
(1) In general.--
(A) Claim for preferential tariff treatment.--A
person claiming that a fungible good or fungible
material is an originating good may base the claim
either on the physical segregation of the fungible good
or fungible material or by using an inventory management
method with respect to the fungible good or fungible
material.
(B) Inventory management method.--In this
subsection, the term ``inventory management method''
means--
(i) averaging;
(ii) ``last-in, first-out'';
(iii) ``first-in, first-out''; or
(iv) any other method--
(I) recognized in the generally
accepted accounting principles of the
country in which the production is
performed (whether Colombia or the
United States); or
(II) otherwise accepted by that
country.
(2) Election of inventory method.--A person selecting an
inventory management method under paragraph (1) for a particular
fungible good or fungible material shall continue to use that
method for that fungible good or fungible material throughout
the fiscal year of such person.
(h) Accessories, Spare Parts, or Tools.--
(1) In general.--Subject to paragraphs (2) and (3),
accessories, spare parts, or tools delivered with a good that
form part of the good's standard accessories, spare parts, or
tools shall--
(A) be treated as originating goods if the good is
an originating good; and
(B) be disregarded in determining whether all the
nonoriginating materials used in the production of the
good undergo the applicable change in tariff
classification set forth in Annex 4.1 of the Agreement.
(2) Conditions.--Paragraph (1) shall apply only if--
[[Page 125 STAT. 476]]
(A) the accessories, spare parts, or tools are
classified with and not invoiced separately from the
good, regardless of whether such accessories, spare
parts, or tools are specified or are separately
identified in the invoice for the good; and
(B) the quantities and value of the accessories,
spare parts, or tools are customary for the good.
(3) Regional value content.--If the good is subject to a
regional value-content requirement, the value of the
accessories, spare parts, or tools shall be taken into account
as originating or nonoriginating materials, as the case may be,
in calculating the regional value-content of the good.
(i) Packaging Materials and Containers for Retail Sale.--Packaging
materials and containers in which a good is packaged for retail sale, if
classified with the good, shall be disregarded in determining whether
all the nonoriginating materials used in the production of the good
undergo the applicable change in tariff classification set forth in
Annex 3-A or Annex 4.1 of the Agreement, and, if the good is subject to
a regional value-content requirement, the value of such packaging
materials and containers shall be taken into account as originating or
nonoriginating materials, as the case may be, in calculating the
regional value-content of the good.
(j) Packing Materials and Containers for Shipment.--Packing
materials and containers for shipment shall be disregarded in
determining whether a good is an originating good.
(k) Indirect Materials.--An indirect material shall be treated as an
originating material without regard to where it is produced.
(l) Transit and Transhipment.--A good that has undergone production
necessary to qualify as an originating good under subsection (b) shall
not be considered to be an originating good if, subsequent to that
production, the good--
(1) undergoes further production or any other operation
outside the territory of Colombia or the United States, other
than unloading, reloading, or any other operation necessary to
preserve the good in good condition or to transport the good to
the territory of Colombia or the United States; or
(2) does not remain under the control of customs authorities
in the territory of a country other than Colombia or the United
States.
(m) Goods Classifiable as Goods Put up in Sets.--Notwithstanding the
rules set forth in Annex 3-A and Annex 4.1 of the Agreement, goods
classifiable as goods put up in sets for retail sale as provided for in
General Rule of Interpretation 3 of the HTS shall not be considered to
be originating goods unless--
(1) each of the goods in the set is an originating good; or
(2) the total value of the nonoriginating goods in the set
does not exceed--
(A) in the case of textile or apparel goods, 10
percent of the adjusted value of the set; or
(B) in the case of goods, other than textile or
apparel goods, 15 percent of the adjusted value of the
set.
(n) Definitions.--In this section:
(1) Adjusted value.--The term ``adjusted value'' means the
value determined in accordance with Articles 1 through 8,
Article 15, and the corresponding interpretive notes, of the
[[Page 125 STAT. 477]]
Agreement on Implementation of Article VII of the General
Agreement on Tariffs and Trade 1994 referred to in section
101(d)(8) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(8)), adjusted, if necessary, to exclude any costs,
charges, or expenses incurred for transportation, insurance, and
related services incident to the international shipment of the
merchandise from the country of exportation to the place of
importation.
(2) Class of motor vehicles.--The term ``class of motor
vehicles'' means any one of the following categories of motor
vehicles:
(A) Motor vehicles provided for in subheading
8701.20, 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90,
or heading 8705 or 8706, or motor vehicles for the
transport of 16 or more persons provided for in
subheading 8702.10 or 8702.90.
(B) Motor vehicles provided for in subheading
8701.10 or any of subheadings 8701.30 through 8701.90.
(C) Motor vehicles for the transport of 15 or fewer
persons provided for in subheading 8702.10 or 8702.90,
or motor vehicles provided for in subheading 8704.21 or
8704.31.
(D) Motor vehicles provided for in any of
subheadings 8703.21 through 8703.90.
(3) Fungible good or fungible material.--The term ``fungible
good'' or ``fungible material'' means a good or material, as the
case may be, that is interchangeable with another good or
material for commercial purposes and the properties of which are
essentially identical to such other good or material.
(4) Generally accepted accounting principles.--The term
``generally accepted accounting principles''--
(A) means the recognized consensus or substantial
authoritative support given in the territory of Colombia
or the United States, as the case may be, with respect
to the recording of revenues, expenses, costs, assets,
and liabilities, the disclosure of information, and the
preparation of financial statements; and
(B) may encompass broad guidelines for general
application as well as detailed standards, practices,
and procedures.
(5) Good wholly obtained or produced entirely in the
territory of colombia, the united states, or both.--The term
``good wholly obtained or produced entirely in the territory of
Colombia, the United States, or both'' means any of the
following:
(A) Plants and plant products harvested or gathered
in the territory of Colombia, the United States, or
both.
(B) Live animals born and raised in the territory of
Colombia, the United States, or both.
(C) Goods obtained in the territory of Colombia, the
United States, or both from live animals.
(D) Goods obtained from hunting, trapping, fishing,
or aquaculture conducted in the territory of Colombia,
the United States, or both.
(E) Minerals and other natural resources not
included in subparagraphs (A) through (D) that are
extracted or taken from the territory of Colombia, the
United States, or both.
[[Page 125 STAT. 478]]
(F) Fish, shellfish, and other marine life taken
from the sea, seabed, or subsoil outside the territory
of Colombia or the United States by--
(i) a vessel that is registered or recorded
with Colombia and flying the flag of Colombia; or
(ii) a vessel that is documented under the
laws of the United States.
(G) Goods produced on board a factory ship from
goods referred to in subparagraph (F), if such factory
ship--
(i) is registered or recorded with Colombia
and flies the flag of Colombia; or
(ii) is a vessel that is documented under the
laws of the United States.
(H)(i) Goods taken by Colombia or a person of
Colombia from the seabed or subsoil outside the
territorial waters of Colombia, if Colombia has rights
to exploit such seabed or subsoil.
(ii) Goods taken by the United States or a person of
the United States from the seabed or subsoil outside the
territorial waters of the United States, if the United
States has rights to exploit such seabed or subsoil.
(I) Goods taken from outer space, if the goods are
obtained by Colombia or the United States or a person of
Colombia or the United States and not processed in the
territory of a country other than Colombia or the United
States.
(J) Waste and scrap derived from--
(i) manufacturing or processing operations in
the territory of Colombia, the United States, or
both; or
(ii) used goods collected in the territory of
Colombia, the United States, or both, if such
goods are fit only for the recovery of raw
materials.
(K) Recovered goods derived in the territory of
Colombia, the United States, or both, from used goods,
and used in the territory of Colombia, the United
States, or both, in the production of remanufactured
goods.
(L) Goods, at any stage of production, produced in
the territory of Colombia, the United States, or both,
exclusively from--
(i) goods referred to in any of subparagraphs
(A) through (J); or
(ii) the derivatives of goods referred to in
clause (i).
(6) Identical goods.--The term ``identical goods'' means
goods that are the same in all respects relevant to the rule of
origin that qualifies the goods as originating goods.
(7) Indirect material.--The term ``indirect material'' means
a good used in the production, testing, or inspection of another
good but not physically incorporated into that other good, or a
good used in the maintenance of buildings or the operation of
equipment associated with the production of another good,
including--
(A) fuel and energy;
(B) tools, dies, and molds;
(C) spare parts and materials used in the
maintenance of equipment or buildings;
[[Page 125 STAT. 479]]
(D) lubricants, greases, compounding materials, and
other materials used in production or used to operate
equipment or buildings;
(E) gloves, glasses, footwear, clothing, safety
equipment, and supplies;
(F) equipment, devices, and supplies used for
testing or inspecting the good;
(G) catalysts and solvents; and
(H) any other good that is not incorporated into the
other good but the use of which in the production of the
other good can reasonably be demonstrated to be a part
of that production.
(8) Material.--The term ``material'' means a good that is
used in the production of another good, including a part or an
ingredient.
(9) Material that is self-produced.--The term ``material
that is self-produced'' means an originating material that is
produced by a producer of a good and used in the production of
that good.
(10) Model line of motor vehicles.--The term ``model line of
motor vehicles'' means a group of motor vehicles having the same
platform or model name.
(11) Net cost.--The term ``net cost'' means total cost minus
sales promotion, marketing, and after-sales service costs,
royalties, shipping and packing costs, and nonallowable interest
costs that are included in the total cost.
(12) Nonallowable interest costs.--The term ``nonallowable
interest costs'' means interest costs incurred by a producer
that exceed 700 basis points above the applicable official
interest rate for comparable maturities of the country in which
the producer is located.
(13) Nonoriginating good or nonoriginating material.--The
term ``nonoriginating good'' or ``nonoriginating material''
means a good or material, as the case may be, that does not
qualify as originating under this section.
(14) Packing materials and containers for shipment.--The
term ``packing materials and containers for shipment'' means
goods used to protect another good during its transportation and
does not include the packaging materials and containers in which
the other good is packaged for retail sale.
(15) Preferential tariff treatment.--The term ``preferential
tariff treatment'' means the customs duty rate, and the
treatment under article 2.10.4 of the Agreement, that are
applicable to an originating good pursuant to the Agreement.
(16) Producer.--The term ``producer'' means a person who
engages in the production of a good in the territory of Colombia
or the United States.
(17) Production.--The term ``production'' means growing,
mining, harvesting, fishing, raising, trapping, hunting,
manufacturing, processing, assembling, or disassembling a good.
(18) Reasonably allocate.--The term ``reasonably allocate''
means to apportion in a manner that would be appropriate under
generally accepted accounting principles.
(19) Recovered goods.--The term ``recovered goods'' means
materials in the form of individual parts that are the result
of--
[[Page 125 STAT. 480]]
(A) the disassembly of used goods into individual
parts; and
(B) the cleaning, inspecting, testing, or other
processing that is necessary for improvement to sound
working condition of such individual parts.
(20) Remanufactured good.--The term ``remanufactured good''
means an industrial good assembled in the territory of Colombia
or the United States, or both, that is classified under chapter
84, 85, 87, or 90 or heading 9402, other than a good classified
under heading 8418 or 8516, and that--
(A) is entirely or partially comprised of recovered
goods; and
(B) has a similar life expectancy and enjoys a
factory warranty similar to such a good that is new.
(21) Total cost.--
(A) In general.--The term ``total cost''--
(i) means all product costs, period costs, and
other costs for a good incurred in the territory
of Colombia, the United States, or both; and
(ii) does not include profits that are earned
by the producer, regardless of whether they are
retained by the producer or paid out to other
persons as dividends, or taxes paid on those
profits, including capital gains taxes.
(B) Other definitions.--In this paragraph:
(i) Product costs.--The term ``product costs''
means costs that are associated with the
production of a good and include the value of
materials, direct labor costs, and direct
overhead.
(ii) Period costs.--The term ``period costs''
means costs, other than product costs, that are
expensed in the period in which they are incurred,
such as selling expenses and general and
administrative expenses.
(iii) Other costs.--The term ``other costs''
means all costs recorded on the books of the
producer that are not product costs or period
costs, such as interest.
(22) Used.--The term ``used'' means utilized or consumed in
the production of goods.
(o) Presidential Proclamation Authority.--
(1) In general.--The President is authorized to proclaim, as
part of the HTS--
(A) the provisions set forth in Annex 3-A and Annex
4.1 of the Agreement; and
(B) any additional subordinate category that is
necessary to carry out this title consistent with the
Agreement.
(2) Fabrics and yarns not available in commercial quantities
in the united states.--The President is authorized to proclaim
that a fabric or yarn is added to the list in Annex 3-B of the
Agreement in an unrestricted quantity, as provided in article
3.3.5(e) of the Agreement.
(3) Modifications.--
(A) In general.--Subject to the consultation and
layover provisions of section 104, the President may
proclaim modifications to the provisions proclaimed
under the authority of paragraph (1)(A), other than
provisions of chapters 50 through 63 (as included in
Annex 3-A of the Agreement).
[[Page 125 STAT. 481]]
(B) Additional proclamations.--Notwithstanding
subparagraph (A), and subject to the consultation and
layover provisions of section 104, the President may
proclaim before the end of the 1-year period beginning
on the date on which the Agreement enters into force,
modifications to correct any typographical, clerical, or
other nonsubstantive technical error regarding the
provisions of chapters 50 through 63 (as included in
Annex 3-A of the Agreement).
(4) Fabrics, yarns, or fibers not available in commercial
quantities in colombia and the united states.--
(A) In general.--Notwithstanding paragraph (3)(A),
the list of fabrics, yarns, and fibers set forth in
Annex 3-B of the Agreement may be modified as provided
for in this paragraph.
(B) Definitions.--In this paragraph:
(i) Interested entity.--The term ``interested
entity'' means the Government of Colombia, a
potential or actual purchaser of a textile or
apparel good, or a potential or actual supplier of
a textile or apparel good.
(ii) Day; days.--All references to ``day'' and
``days'' exclude Saturdays, Sundays, and legal
holidays observed by the Government of the United
States.
(C) Requests to add fabrics, yarns, or fibers.--
(i) In general.--An interested entity may
request the President to determine that a fabric,
yarn, or fiber is not available in commercial
quantities in a timely manner in Colombia and the
United States and to add that fabric, yarn, or
fiber to the list in Annex 3-B of the Agreement in
a restricted or unrestricted quantity.
(ii) Determination.--After receiving a request
under clause (i), the President may determine
whether--
(I) the fabric, yarn, or fiber is
available in commercial quantities in a
timely manner in Colombia or the United
States; or
(II) any interested entity objects
to the request.
(iii) Proclamation authority.--The President
may, within the time periods specified in clause
(iv), proclaim that the fabric, yarn, or fiber
that is the subject of the request is added to the
list in Annex 3-B of the Agreement in an
unrestricted quantity, or in any restricted
quantity that the President may establish, if the
President has determined under clause (ii) that--
(I) the fabric, yarn, or fiber is
not available in commercial quantities
in a timely manner in Colombia and the
United States; or
(II) no interested entity has
objected to the request.
(iv) Time periods.--The time periods within
which the President may issue a proclamation under
clause (iii) are--
(I) not later than 30 days after the
date on which a request is submitted
under clause (i); or
[[Page 125 STAT. 482]]
(II) not later than 44 days after
the request is submitted, if the
President determines, within 30 days
after the date on which the request is
submitted, that the President does not
have sufficient information to make a
determination under clause (ii).
(v) Effective date.--Notwithstanding section
103(a)(2), a proclamation made under clause (iii)
shall take effect on the date on which the text of
the proclamation is published in the Federal
Register.
(vi) <<NOTE: Deadline.>> Subsequent action.--
Not later than 6 months after proclaiming under
clause (iii) that a fabric, yarn, or fiber is
added to the list in Annex 3-B of the Agreement in
a restricted quantity, the President may eliminate
the restriction if the President determines that
the fabric, yarn, or fiber is not available in
commercial quantities in a timely manner in
Colombia and the United States.
(D) <<NOTE: Time periods.>> Deemed approval of
request.--If, after an interested entity submits a
request under subparagraph (C)(i), the President does
not, within the applicable time period specified in
subparagraph (C)(iv), make a determination under
subparagraph (C)(ii) regarding the request, the fabric,
yarn, or fiber that is the subject of the request shall
be considered to be added, in an unrestricted quantity,
to the list in Annex 3-B of the Agreement beginning--
(i) 45 days after the date on which the
request is submitted; or
(ii) 60 days after the date on which the
request is submitted, if the President made a
determination under subparagraph (C)(iv)(II).
(E) Requests to restrict or remove fabrics, yarns,
or fibers.--
(i) In general.--Subject to clause (ii), an
interested entity may request the President to
restrict the quantity of, or remove from the list
in Annex 3-B of the Agreement, any fabric, yarn,
or fiber--
(I) that has been added to that list
in an unrestricted quantity pursuant to
paragraph (2) or subparagraph (C)(iii)
or (D) of this paragraph; or
(II) with respect to which the
President has eliminated a restriction
under subparagraph (C)(vi).
(ii) Time period for submission.--An
interested entity may submit a request under
clause (i) at any time beginning on the date that
is 6 months after the date of the action described
in subclause (I) or (II) of that clause.
(iii) <<NOTE: Deadline.>> Proclamation
authority.--Not later than 30 days after the date
on which a request under clause (i) is submitted,
the President may proclaim an action provided for
under clause (i) if the President determines that
the fabric, yarn, or fiber that is the subject of
the request is available in commercial quantities
in a timely manner in Colombia or the United
States.
[[Page 125 STAT. 483]]
(iv) Effective date.--A proclamation issued
under clause (iii) may not take effect earlier
than the date that is 6 months after the date on
which the text of the proclamation is published in
the Federal Register.
(F) <<NOTE: President.>> Procedures.--The President
shall establish procedures--
(i) governing the submission of a request
under subparagraphs (C) and (E); and
(ii) providing an opportunity for interested
entities to submit comments and supporting
evidence before the President makes a
determination under subparagraph (C) (ii) or (vi)
or (E)(iii).
SEC. 204. CUSTOMS USER FEES.
Section 13031(b) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(b)) is amended by adding after paragraph
(19), the following:
``(20) No fee may be charged under subsection (a) (9) or (10) with
respect to goods that qualify as originating goods under section 203 of
the United States-Colombia Trade Promotion Agreement Implementation Act.
Any service for which an exemption from such fee is provided by reason
of this paragraph may not be funded with money contained in the Customs
User Fee Account.''.
SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; FALSE
CERTIFICATIONS OF ORIGIN; DENIAL OF
PREFERENTIAL TARIFF TREATMENT.
(a) Disclosure of Incorrect Information.--Section 592 of the Tariff
Act of 1930 (19 U.S.C. 1592) is amended--
(1) in subsection (c)--
(A) by redesignating paragraph (12) as paragraph
(13); and
(B) by inserting after paragraph (11) the following
new paragraph:
``(12) Prior disclosure regarding claims under the united
states-colombia trade
promotion <<NOTE: Regulations.>> agreement.--An importer shall
not be subject to penalties under subsection (a) for making an
incorrect claim that a good qualifies as an originating good
under section 203 of the United States-Colombia Trade Promotion
Agreement Implementation Act if the importer, in accordance with
regulations issued by the Secretary of the Treasury, promptly
and voluntarily makes a corrected declaration and pays any
duties owing with respect to that good.''; and
(2) by adding at the end the following new subsection:
``(k) False Certifications of Origin Under the United States-
Colombia Trade Promotion Agreement.--
``(1) In general.--Subject to paragraph (2), it is unlawful
for any person to certify falsely, by fraud, gross negligence,
or negligence, in a CTPA certification of origin (as defined in
section 508 of this Act) that a good exported from the United
States qualifies as an originating good under the rules of
origin provided for in section 203 of the United States-Colombia
Trade Promotion
Agreement <<NOTE: Applicability.>> Implementation Act. The
procedures and penalties of this section that apply to a
violation of subsection (a) also apply to a violation of this
subsection.
[[Page 125 STAT. 484]]
``(2) Prompt and voluntary disclosure of incorrect
information.--No penalty shall be imposed under this subsection
if, promptly after an exporter or producer that issued a CTPA
certification of origin has reason to believe that such
certification contains or is based on incorrect information, the
exporter or producer voluntarily provides written notice of such
incorrect information to every person to whom the certification
was issued.
``(3) Exception.--A person shall not be considered to have
violated paragraph (1) if--
``(A) the information was correct at the time it was
provided in a CTPA certification of origin but was later
rendered incorrect due to a change in circumstances; and
``(B) the person promptly and voluntarily provides
written notice of the change in circumstances to all
persons to whom the person provided the
certification.''.
(b) Denial of Preferential Tariff Treatment.--Section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) is amended by adding at the end the
following new subsection:
``(k) Denial of Preferential Tariff Treatment Under the United
States-Colombia Trade Promotion Agreement.--If U.S. Customs and Border
Protection or U.S. Immigration and Customs Enforcement of the Department
of Homeland Security finds indications of a pattern of conduct by an
importer, exporter, or producer of false or unsupported representations
that goods qualify under the rules of origin provided for in section 203
of the United States-Colombia Trade Promotion Agreement Implementation
Act, U.S. Customs and Border Protection, in accordance with regulations
issued by the Secretary of the Treasury, may suspend preferential tariff
treatment under the United States-Colombia Trade Promotion Agreement to
entries of identical goods covered by subsequent representations by that
importer, exporter, or producer until U.S. Customs and Border Protection
determines that representations of that person are in conformity with
such section 203.''.
SEC. 206. RELIQUIDATION OF ENTRIES.
Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 1520(d)) is
amended in the matter preceding paragraph (1)--
(1) by striking ``or''; and
(2) by striking ``for which'' and inserting ``, or section
203 of the United States-Colombia Trade Promotion Agreement
Implementation Act for which''.
SEC. 207. RECORDKEEPING REQUIREMENTS.
Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is amended--
(1) by redesignating subsection (j) as subsection (k);
(2) by inserting after subsection (i) the following new
subsection:
``(j) Certifications of Origin for Goods Exported Under the United
States-Colombia Trade Promotion Agreement.--
``(1) Definitions.--In this subsection:
``(A) Records and supporting documents.--The term
`records and supporting documents' means, with respect
to an exported good under paragraph (2), records and
documents related to the origin of the good, including--
``(i) the purchase, cost, and value of, and
payment for, the good;
[[Page 125 STAT. 485]]
``(ii) the purchase, cost, and value of, and
payment for, all materials, including indirect
materials, used in the production of the good; and
``(iii) the production of the good in the form
in which it was exported.
``(B) CTPA certification of origin.--The term `CTPA
certification of origin' means the certification
established under article 4.15 of the United States-
Colombia Trade Promotion Agreement that a good qualifies
as an originating good under such Agreement.
``(2) <<NOTE: Regulations.>> Exports to colombia.--Any
person who completes and issues a CTPA certification of origin
for a good exported from the United States shall make, keep,
and, pursuant to rules and regulations promulgated by the
Secretary of the Treasury, render for examination and inspection
all records and supporting documents related to the origin of
the good (including the certification or copies thereof).
``(3) Retention period.--The person who issues a CTPA
certification of origin shall keep the records and supporting
documents relating to that certification of origin for a period
of at least 5 years after the date on which the certification is
issued.''; and
(3) in subsection (k), as so redesignated by striking ``(h),
or (i)'' and inserting ``(h), (i), or (j)''.
SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR APPAREL
GOODS.
(a) Action During Verification.--
(1) In general.--If the Secretary of the Treasury requests
the Government of Colombia to conduct a verification pursuant to
article 3.2 of the Agreement for purposes of making a
determination under paragraph (2), the President may direct the
Secretary to take appropriate action described in subsection (b)
while the verification is being conducted.
(2) Determination.--A determination under this paragraph is
a determination of the Secretary that--
(A) an exporter or producer in Colombia is complying
with applicable customs laws, regulations, and
procedures regarding trade in textile or apparel goods,
or
(B) a claim that a textile or apparel good exported
or produced by such exporter or producer--
(i) qualifies as an originating good under
section 203, or
(ii) is a good of Colombia,
is accurate.
(b) Appropriate Action Described.--Appropriate action under
subsection (a)(1) includes--
(1) suspension of preferential tariff treatment under the
Agreement with respect to--
(A) any textile or apparel good exported or produced
by the person that is the subject of a verification
under subsection (a)(1) regarding compliance described
in subsection (a)(2)(A), if the Secretary of the
Treasury determines that there is insufficient
information to support any claim for preferential tariff
treatment that has been made with respect to any such
good; or
[[Page 125 STAT. 486]]
(B) the textile or apparel good for which a claim of
preferential tariff treatment has been made that is the
subject of a verification under subsection (a)(1)
regarding a claim described in subsection (a)(2)(B), if
the Secretary determines that there is insufficient
information to support that claim;
(2) denial of preferential tariff treatment under the
Agreement with respect to--
(A) any textile or apparel good exported or produced
by the person that is the subject of a verification
under subsection (a)(1) regarding compliance described
in subsection (a)(2)(A), if the Secretary determines
that the person has provided incorrect information to
support any claim for preferential tariff treatment that
has been made with respect to any such good; or
(B) the textile or apparel good for which a claim of
preferential tariff treatment has been made that is the
subject of a verification under subsection (a)(1)
regarding a claim described in subsection (a)(2)(B), if
the Secretary determines that a person has provided
incorrect information to support that claim;
(3) detention of any textile or apparel good exported or
produced by the person that is the subject of a verification
under subsection (a)(1) regarding compliance described in
subsection (a)(2)(A) or a claim described in subsection
(a)(2)(B), if the Secretary determines that there is
insufficient information to determine the country of origin of
any such good; and
(4) denial of entry into the United States of any textile or
apparel good exported or produced by the person that is the
subject of a verification under subsection (a)(1) regarding
compliance described in subsection (a)(2)(A) or a claim
described in subsection (a)(2)(B), if the Secretary determines
that the person has provided incorrect information as to the
country of origin of any such good.
(c) Action on Completion of a Verification.--On completion of a
verification under subsection (a)(1), the President may direct the
Secretary of the Treasury to take appropriate action described in
subsection (d) until such time as the Secretary receives information
sufficient to make the determination under subsection (a)(2) or until
such earlier date as the President may direct.
(d) Appropriate Action Described.--Appropriate action under
subsection (c) includes--
(1) denial of preferential tariff treatment under the
Agreement with respect to--
(A) any textile or apparel good exported or produced
by the person that is the subject of a verification
under subsection (a)(1) regarding compliance described
in subsection (a)(2)(A), if the Secretary of the
Treasury determines that there is insufficient
information to support, or that the person has provided
incorrect information to support, any claim for
preferential tariff treatment that has been made with
respect to any such good; or
(B) the textile or apparel good for which a claim of
preferential tariff treatment has been made that is the
subject of a verification under subsection (a)(1)
regarding a claim described in subsection (a)(2)(B), if
the Secretary determines that there is insufficient
information to support,
[[Page 125 STAT. 487]]
or that a person has provided incorrect information to
support, that claim; and
(2) denial of entry into the United States of any textile or
apparel good exported or produced by the person that is the
subject of a verification under subsection (a)(1) regarding
compliance described in subsection (a)(2)(A) or a claim
described in subsection (a)(2)(B), if the Secretary determines
that there is insufficient information to determine, or that the
person has provided incorrect information as to, the country of
origin of any such good.
(e) Publication of Name of Person.--In accordance with article 3.2.6
of the Agreement, the Secretary of the Treasury may publish the name of
any person that the Secretary has determined--
(1) is engaged in circumvention of applicable laws,
regulations, or procedures affecting trade in textile or apparel
goods; or
(2) has failed to demonstrate that it produces, or is
capable of producing, textile or apparel goods.
SEC. 209. REGULATIONS.
The Secretary of the Treasury shall prescribe such regulations as
may be necessary to carry out--
(1) subsections (a) through (n) of section 203;
(2) the amendment made by section 204; and
(3) any proclamation issued under section 203(o).
TITLE III--RELIEF FROM IMPORTS
SEC. 301. DEFINITIONS.
In this title:
(1) Colombian article.--The term ``Colombian article'' means
an article that qualifies as an originating good under section
203(b).
(2) Colombian textile or apparel article.--The term
``Colombian textile or apparel article'' means a textile or
apparel good (as defined in section 3(4)) that is a Colombian
article.
Subtitle A--Relief From Imports Benefitting From the Agreement
SEC. 311. COMMENCING OF ACTION FOR RELIEF.
(a) Filing of Petition.--A petition requesting action under this
subtitle for the purpose of adjusting to the obligations of the United
States under the Agreement may be filed with the Commission by an
entity, including a trade association, firm, certified or recognized
union, or group of workers, that is representative of an industry. The
Commission shall transmit a copy of any petition filed under this
subsection to the United States Trade Representative.
(b) Investigation and Determination.--Upon the filing of a petition
under subsection (a), the Commission, unless subsection (d) applies,
shall promptly initiate an investigation to determine whether, as a
result of the reduction or elimination of a duty provided for under the
Agreement, a Colombian article is being imported into the United States
in such increased quantities, in
[[Page 125 STAT. 488]]
absolute terms or relative to domestic production, and under such
conditions that imports of the Colombian article constitute a
substantial cause of serious injury or threat thereof to the domestic
industry producing an article that is like, or directly competitive
with, the imported article.
(c) Applicable Provisions.--The following provisions of section 202
of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any
investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).
(2) Subsection (c).
(3) Subsection (i).
(d) Articles Exempt From Investigation.--No investigation may be
initiated under this section with respect to any Colombian article if,
after the date on which the Agreement enters into force, import relief
has been provided with respect to that Colombian article under this
subtitle.
SEC. 312. COMMISSION ACTION ON PETITION.
(a) <<NOTE: Deadline.>> Determination.--Not later than 120 days
after the date on which an investigation is initiated under section
311(b) with respect to a petition, the Commission shall make the
determination required under that section.
(b) Applicable Provisions.--For purposes of this subtitle, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of the
Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be
applied with respect to determinations and findings made under this
section as if such determinations and findings were made under section
202 of the Trade Act of 1974 (19 U.S.C. 2252).
(c) Additional Finding and Recommendation if Determination
Affirmative.--
(1) In general.--If the determination made by the Commission
under subsection (a) with respect to imports of an article is
affirmative, or if the President may consider a determination of
the Commission to be an affirmative determination as provided
for under paragraph (1) of section 330(d) of the Tariff Act of
1930 (19 U.S.C. 1330(d)(1)), the Commission shall find, and
recommend to the President in the report required under
subsection (d), the amount of import relief that is necessary to
remedy or prevent the injury found by the Commission in the
determination and to facilitate the efforts of the domestic
industry to make a positive adjustment to import competition.
(2) Limitation on relief.--The import relief recommended by
the Commission under this subsection shall be limited to the
relief described in section 313(c).
(3) Voting; separate views.--Only those members of the
Commission who voted in the affirmative under subsection (a) are
eligible to vote on the proposed action to remedy or prevent the
injury found by the Commission. Members of the Commission who
did not vote in the affirmative may submit, in the report
required under subsection (d), separate views regarding what
action, if any, should be taken to remedy or prevent the injury.
(d) Report to President.--Not later than the date that is 30 days
after the date on which a determination is made under subsection (a)
with respect to an investigation, the Commission shall submit to the
President a report that includes--
[[Page 125 STAT. 489]]
(1) the determination made under subsection (a) and an
explanation of the basis for the determination;
(2) if the determination under subsection (a) is
affirmative, any findings and recommendations for import relief
made under subsection (c) and an explanation of the basis for
each recommendation; and
(3) any dissenting or separate views by members of the
Commission regarding the determination referred to in paragraph
(1) and any finding or recommendation referred to in paragraph
(2).
(e) <<NOTE: Federal Register, publication.>> Public Notice.--Upon
submitting a report to the President under subsection (d), the
Commission shall promptly make public the report (with the exception of
information which the Commission determines to be confidential) and
shall publish a summary of the report in the Federal Register.
SEC. 313. <<NOTE: President.>> PROVISION OF RELIEF.
(a) In General.--Not <<NOTE: Deadline.>> later than the date that
is 30 days after the date on which the President receives a report of
the Commission in which the Commission's determination under section
312(a) is affirmative, or which contains a determination under section
312(a) that the President considers to be affirmative under paragraph
(1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)),
the President, subject to subsection (b), shall provide relief from
imports of the article that is the subject of such determination to the
extent that the President determines necessary to remedy or prevent the
injury found by the Commission and to facilitate the efforts of the
domestic industry to make a positive adjustment to import competition.
(b) Exception.--The President is not required to provide import
relief under this section if the President determines that the provision
of the import relief will not provide greater economic and social
benefits than costs.
(c) Nature of Relief.--
(1) In general.--The import relief that the President is
authorized to provide under this section with respect to imports
of an article is as follows:
(A) The suspension of any further reduction provided
for under Annex 2.3 of the Agreement in the duty imposed
on the article.
(B) An increase in the rate of duty imposed on the
article to a level that does not exceed the lesser of--
(i) the column 1 general rate of duty imposed
under the HTS on like articles at the time the
import relief is provided; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before
the date on which the Agreement enters into force.
(2) Progressive liberalization.--If the period for which
import relief is provided under this section is greater than 1
year, the President shall provide for the progressive
liberalization (described in article 8.2.2 of the Agreement) of
such relief at regular intervals during the period of its
application.
(d) Period of Relief.--
(1) In general.--Subject to paragraph (2), any import relief
that the President provides under this section may not be in
effect for more than 2 years.
[[Page 125 STAT. 490]]
(2) Extension.--
(A) In general.--Subject to subparagraph (C), the
President, after receiving a determination from the
Commission under subparagraph (B) that is affirmative,
or which the President considers to be affirmative under
paragraph (1) of section 330(d) of the Tariff Act of
1930 (19 U.S.C. 1330(d)(1)), may extend the effective
period of any import relief provided under this section
by up to 2 years, if the President determines that--
(i) the import relief continues to be
necessary to remedy or prevent serious injury and
to facilitate adjustment by the domestic industry
to import competition; and
(ii) there is evidence that the industry is
making a positive adjustment to import
competition.
(B) Action by commission.--
(i) Investigation.--Upon a petition on behalf
of the industry concerned that is filed with the
Commission not earlier than the date that is 9
months, and not later than the date that is 6
months, before the date on which any action taken
under subsection (a) is to terminate, the
Commission shall conduct an investigation to
determine whether action under this section
continues to be necessary to remedy or prevent
serious injury and whether there is evidence that
the industry is making a positive adjustment to
import competition.
(ii) <<NOTE: Federal Register, publication.>>
Notice and hearing.--The Commission shall publish
notice of the commencement of any proceeding under
this subparagraph in the Federal Register and
shall, within a reasonable time thereafter, hold a
public hearing at which the Commission shall
afford interested parties and consumers an
opportunity to be present, to present evidence,
and to respond to the presentations of other
parties and consumers, and otherwise to be heard.
(iii) Report.--The Commission shall submit to
the President a report on its investigation and
determination under this subparagraph not later
than 60 days before the action under subsection
(a) is to terminate, unless the President
specifies a different date.
(C) Period of import relief.--Any import relief
provided under this section, including any extensions
thereof, may not, in the aggregate, be in effect for
more than 4 years.
(e) Rate After Termination of Import Relief.--When import relief
under this section is terminated with respect to an article--
(1) the rate of duty on that article after such termination
and on or before December 31 of the year in which such
termination occurs shall be the rate that, according to the
Schedule of the United States to Annex 2.3 of the Agreement,
would have been in effect 1 year after the provision of relief
under subsection (a); and
(2) the rate of duty for that article after December 31 of
the year in which such termination occurs shall be, at the
discretion of the President, either--
[[Page 125 STAT. 491]]
(A) the applicable rate of duty for that article set
forth in the Schedule of the United States to Annex 2.3
of the Agreement; or
(B) the rate of duty resulting from the elimination
of the tariff in equal annual stages ending on the date
set forth in the Schedule of the United States to Annex
2.3 of the Agreement for the elimination of the tariff.
(f) Articles Exempt From Relief.--No import relief may be provided
under this section on--
(1) any article that is subject to import relief under--
(A) subtitle B; or
(B) chapter 1 of title II of the Trade Act of 1974
(19 U.S.C. 2251 et seq.); or
(2) any article on which an additional duty assessed under
section 202(b) is in effect.
SEC. 314. TERMINATION OF RELIEF AUTHORITY.
(a) General Rule.--Subject to subsection (b), no import relief may
be provided under this subtitle after the date that is 10 years after
the date on which the Agreement enters into force.
(b) Exception.--If an article for which relief is provided under
this subtitle is an article for which the period for tariff elimination,
set forth in the Schedule of the United States to Annex 2.3 of the
Agreement, is greater than 10 years, no relief under this subtitle may
be provided for that article after the date on which that period ends.
SEC. 315. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
2133), any import relief provided by the President under section 313
shall be treated as action taken under chapter 1 of title II of such Act
(19 U.S.C. 2251 et seq.).
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is
amended in the first sentence--
(1) by striking ``and''; and
(2) by inserting before the period at the end ``, and title
III of the United States-Colombia Trade Promotion Agreement
Implementation Act''.
Subtitle B--Textile and Apparel Safeguard Measures
SEC. 321. <<NOTE: President.>> COMMENCEMENT OF ACTION FOR RELIEF.
(a) In General.--A request for action under this subtitle for the
purpose of adjusting to the obligations of the United States under the
Agreement may be filed with the President by an interested party. Upon
the filing of a request, the President shall review the request to
determine, from information presented in the request, whether to
commence consideration of the request.
(b) <<NOTE: Federal Register, publication. Notice.>> Publication of
Request.--If the President determines that the request under subsection
(a) provides the information necessary for the request to be considered,
the President shall publish in the Federal Register a notice of
commencement of consideration of the request, and notice seeking public
comments regarding the
[[Page 125 STAT. 492]]
request. The notice shall include a summary of the request and the dates
by which comments and rebuttals must be received.
SEC. 322. <<NOTE: President.>> DETERMINATION AND PROVISION OF
RELIEF.
(a) Determination.--
(1) In general.--If a positive determination is made under
section 321(b), the President shall determine whether, as a
result of the elimination of a duty under the Agreement, a
Colombian textile or apparel article is being imported into the
United States in such increased quantities, in absolute terms or
relative to the domestic market for that article, and under such
conditions as to cause serious damage, or actual threat thereof,
to a domestic industry producing an article that is like, or
directly competitive with, the imported article.
(2) Serious damage.--In making a determination under
paragraph (1), the President--
(A) shall examine the effect of increased imports on
the domestic industry, as reflected in changes in such
relevant economic factors as output, productivity,
utilization of capacity, inventories, market share,
exports, wages, employment, domestic prices, profits and
losses, and investment, no one of which is necessarily
decisive; and
(B) shall not consider changes in consumer
preference or changes in technology in the United States
as factors supporting a determination of serious damage
or actual threat thereof.
(b) Provision of Relief.--
(1) In general.--If a determination under subsection (a) is
affirmative, the President may provide relief from imports of
the article that is the subject of such determination, as
provided in paragraph (2), to the extent that the President
determines necessary to remedy or prevent the serious damage and
to facilitate adjustment by the domestic industry.
(2) Nature of relief.--The relief that the President is
authorized to provide under this subsection with respect to
imports of an article is an increase in the rate of duty imposed
on the article to a level that does not exceed the lesser of--
(A) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided; or
(B) the column 1 general rate of duty imposed under
the HTS on like articles on the day before the date on
which the Agreement enters into force.
SEC. 323. PERIOD OF RELIEF.
(a) In General.--Subject to subsection (b), the import relief that
the President provides under section 322(b) may not be in effect for
more than 2 years.
(b) Extension.--
(1) In general.--Subject to paragraph (2), the President may
extend the effective period of any import relief provided under
this subtitle for a period of not more than 1 year, if the
President determines that--
(A) the import relief continues to be necessary to
remedy or prevent serious damage and to facilitate
adjustment by the domestic industry to import
competition; and
(B) there is evidence that the industry is making a
positive adjustment to import competition.
[[Page 125 STAT. 493]]
(2) Limitation.--Any relief provided under this subtitle,
including any extensions thereof, may not, in the aggregate, be
in effect for more than 3 years.
SEC. 324. ARTICLES EXEMPT FROM RELIEF.
The President may not provide import relief under this subtitle with
respect to an article if--
(1) import relief previously has been provided under this
subtitle with respect to that article; or
(2) the article is subject to import relief under--
(A) subtitle A; or
(B) chapter 1 of title II of the Trade Act of 1974
(19 U.S.C. 2251 et seq.).
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
On the date on which import relief under this subtitle is terminated
with respect to an article, the rate of duty on that article shall be
the rate that would have been in effect but for the provision of such
relief.
SEC. 326. TERMINATION OF RELIEF AUTHORITY.
No import relief may be provided under this subtitle with respect to
any article after the date that is 5 years after the date on which the
Agreement enters into force.
SEC. 327. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
2133), any import relief provided by the President under this subtitle
shall be treated as action taken under chapter 1 of title II of such Act
(19 U.S.C. 2251 et seq.).
SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.
The President may not release information received in connection
with an investigation or determination under this subtitle which the
President considers to be confidential business information unless the
party submitting the confidential business information had notice, at
the time of submission, that such information would be released by the
President, or such party subsequently consents to the release of the
information. To the extent a party submits confidential business
information, the party shall also provide a nonconfidential version of
the information in which the confidential business information is
summarized or, if necessary, deleted.
Subtitle C--Cases Under Title II of the Trade Act of 1974
SEC. 331. FINDINGS AND ACTION ON COLOMBIAN ARTICLES.
(a) Effect of Imports.--If, in any investigation initiated under
chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.),
the Commission makes an affirmative determination (or a determination
which the President may treat as an affirmative determination under such
chapter by reason of section 330(d) of the Tariff Act of 1930 (19 U.S.C.
1330(d)), the Commission shall also find (and report to the President at
the time such injury determination is submitted to the President)
whether imports of
[[Page 125 STAT. 494]]
the Colombian article are a substantial cause of serious injury or
threat thereof.
(b) Presidential Determination Regarding Colombian Articles.--In
determining the nature and extent of action to be taken under chapter 1
of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the
President may exclude from the action Colombian articles with respect to
which the Commission has made a negative finding under subsection (a).
TITLE IV--PROCUREMENT
SEC. 401. ELIGIBLE PRODUCTS.
Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C.
2518(4)(A)) is amended--
(1) by striking ``or'' at the end of clause (vii);
(2) by striking the period at the end of clause (viii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(ix) a party to the United States-Colombia
Trade Promotion Agreement, a product or service of
that country or instrumentality which is covered
under that agreement for procurement by the United
States.''.
TITLE V--EXTENSION OF ANDEAN TRADE PREFERENCE ACT
SEC. 501. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.
(a) Extension.--Section 208(a) of the Andean Trade Preference Act
(19 U.S.C. 3206(a)) is amended--
(1) in paragraph (1)(A), by striking ``February 12, 2011''
and inserting ``July 31, 2013''; and
(2) in paragraph (2), by striking ``February 12, 2011'' and
inserting ``July 31, 2013''.
(b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of the
Andean Trade Preference Act (19 U.S.C. 3203(b)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (II), by striking ``8
succeeding 1-year periods'' and inserting ``10
succeeding 1-year periods''; and
(ii) in subclause (III)(bb), by striking ``and
for the succeeding 3-year period'' and inserting
``and for the succeeding 5-year period''; and
(B) in clause (v)(II), by striking ``7 succeeding 1-
year periods'' and inserting ``9 succeeding 1-year
periods''; and
(2) in subparagraph (E)(ii)(II), by striking ``February 12,
2011'' and inserting ``July 31, 2013''.
(c) Effective Date.--
(1) <<NOTE: Applicability.>> In general.--The amendments
made by this section shall apply to articles entered on or after
the 15th day after the date of the enactment of this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
[[Page 125 STAT. 495]]
(A) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law and subject to subparagraph (B), any
entry of an article to which duty-free treatment or
other preferential treatment under the Andean Trade
Preference Act would have applied if the entry had been
made on February 12, 2011, that was made--
(i) after February 12, 2011, and
(ii) before the 15th day after the date of the
enactment of this Act,
shall be liquidated or reliquidated as though such entry
occurred on the date that is 15 days after the date of
the enactment of this Act.
(B) <<NOTE: Deadline.>> Requests.--A liquidation or
reliquidation may be made under subparagraph (A) with
respect to an entry only if a request therefor is filed
with U.S. Customs and Border Protection not later than
180 days after the date of the enactment of this Act
that contains sufficient information to enable U.S.
Customs and Border Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be
located.
(C) <<NOTE: Deadline.>> Payment of amounts owed.--
Any amounts owed by the United States pursuant to the
liquidation or reliquidation of an entry of an article
under subparagraph (A) shall be paid, without interest,
not later than 90 days after the date of the liquidation
or reliquidation (as the case may be).
(3) Definition.--As used in this subsection, the term
``entry'' includes a withdrawal from warehouse for consumption.
TITLE VI--OFFSETS
SEC. 601. ELIMINATION OF CERTAIN NAFTA CUSTOMS FEES EXEMPTION.
(a) In General.--Section 13031(b)(1)(A)(i) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(1)(A)(i)) is
amended to read as follows:
``(i) the arrival of any passenger whose journey--
``(I) originated in a territory or possession of the
United States; or
``(II) originated in the United States and was
limited to territories and possessions of the United
States;''.
(b) Use of Fees.--The fees collected as a result of the amendment
made by this section shall be deposited in the Customs User Fee Account,
shall be available for reimbursement of customs services and inspections
costs, and shall be available only to the extent provided in
appropriations Acts.
(c) <<NOTE: Applicability. Canada. Mexico.>> Effective Date.--This
section and the amendments made by this section shall apply to
passengers arriving from Canada, Mexico, or an adjacent island on or
after the date that is 15 days after the date of the enactment of this
Act.
[[Page 125 STAT. 496]]
SEC. 602. 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 by adding at
the end the following:
``(C)(i) <<NOTE: Time periods.>> Notwithstanding subparagraph (A),
fees may be charged under paragraphs (9) and (10) of subsection (a)
during the period beginning on August 3, 2021, and ending on September
30, 2021.
``(ii) Notwithstanding subparagraph (B)(i), fees may be charged
under paragraphs (1) through (8) of subsection (a) during the period
beginning on December 9, 2020, and ending on August 31, 2021.''.
SEC. 603. 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)--
(1) the amount of any required installment of corporate
estimated tax which is otherwise due in July, August, or
September of 2016 shall be increased by 0.50 percent of such
amount (determined without regard to any increase in such amount
not contained in such Code); and
(2) 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.
Approved October 21, 2011.
LEGISLATIVE HISTORY--H.R. 3078 (S. 1641):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 112-237 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 157 (2011):
Oct. 11, considered in House.
Oct. 12, considered and passed House and Senate.
<all>
The previous question was ordered pursuant to the rule. (consideration: CR H6804)
Pursuant to clause 1(c) of Rule 19, further proceedings on H.R. 3078 were postponed.
Considered as unfinished business. (consideration: CR H6836-6839)
Mr. Levin moved to recommit with instructions to Ways and Means. (consideration: CR H6836-6838; text: CR H6836-6837)
DEBATE - The House proceeded with 10 minutes of debate on the Levin motion to recommit with instructions, pending reservation of a point of order. The instructions contained in the motion seek to report the same back to the House with amendments to add the Currency Reform for Fair Trade Act as the new title to the United States-Colombia Trade Promotion Agreement Implementation Act. Subsequently, the reservation of a point of order was withdrawn.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6837)
On motion to recommit with instructions Failed by the Yeas and Nays: 192 - 236 (Roll no. 780).
Roll Call #780 (House)Passed/agreed to in House: On passage Passed by recorded vote: 262 - 167 (Roll no. 781).(text: CR 10/11/2011 H6730-6739)
Roll Call #781 (House)Enacted as Public Law 112-42
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On passage Passed by recorded vote: 262 - 167 (Roll no. 781). (text: CR 10/11/2011 H6730-6739)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 66 - 33. Record Vote Number: 163.
Roll Call #163 (Senate)Passed Senate without amendment by Yea-Nay Vote. 66 - 33. Record Vote Number: 163.
Roll Call #163 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 112-42.
Became Public Law No: 112-42.