 |
 |
 |
|
|
|
H. R. 434
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the
twenty-fourth day of January, two thousand
(Continued)
TITLE II—TRADE BENEFITS FOR
CARIBBEAN BASIN
Subtitle A—Trade Policy
for Caribbean Basin Countries
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘United
States-Caribbean Basin Trade Partnership Act’’.
SEC. 202. FINDINGS AND POLICY.
(a) FINDINGS.—Congress makes the following
findings:
(1) The Caribbean Basin Economic Recovery
Act (in this title referred to as ‘‘CBERA’’) represents a permanent
commitment by the United States to encourage the development of strong
democratic governments and revitalized economies in neighboring
countries in the Caribbean Basin.
(2) In 1998, Hurricane Mitch and Hurricane
Georges devastated areas in the Caribbean Basin region, killing more
than 10,000 people and leaving 3,000,000 homeless.
(3) The total direct impact of Hurricanes
Mitch and Georges on Honduras, Nicaragua, the Dominican Republic, El
Salvador, and Guatemala amounts to $4,200,000,000, representing a severe
loss to income levels in this underdeveloped region.
(4) In addition to short term disaster
assistance, United States policy toward the region should focus on
expanding international trade with the Caribbean Basin region as an
enduring solution for successful economic growth and recovery.
(5) Thirty-four democratically elected
leaders agreed at the 1994 Summit of the Americas to conclude
negotiation of a Free Trade Area of the Americas (in this title referred
to as ‘‘FTAA’’) by the year 2005.
(6) The economic security of the countries
in the Caribbean Basin will be enhanced by the completion of the FTAA.
(7) Offering temporary benefits to
Caribbean Basin countries will preserve the United States commitment to
Caribbean Basin beneficiary countries, promote the growth of free
enterprise and economic opportunity in these neighboring countries, and
thereby enhance the national security interests of the United States.
(8) Given the greater propensity of
countries located in the Western Hemisphere to use United States
components and to purchase United States products compared to other
countries, increased trade and economic activity between the United
States and countries in the Western Hemisphere will create new jobs in
the United States as a result of expanding export opportunities.
(b) POLICY.—It is the policy of the United
States—
(1) to offer Caribbean Basin beneficiary
countries willing to prepare to become a party to the FTAA or another
free trade agreement, tariff treatment essentially equivalent to that
accorded to products of NAFTA countries for certain products not
currently eligible for duty-free treatment under the CBERA; and
(2) to seek the participation of Caribbean
Basin beneficiary countries in the FTAA or another free trade agreement
at the earliest possible date, with the goal of achieving full
participation in such agreement not later than 2005.
SEC. 203. DEFINITIONS.
In this title:
(1) NAFTA.—The term ‘‘NAFTA’’ means the
North American Free Trade Agreement entered into between the United
States, Mexico, and Canada on December 17, 1992.
(2) NAFTA COUNTRY.—The term ‘‘NAFTA
country’’ means any country with respect to which the NAFTA is in force.
(3) WTO AND WTO MEMBER.—The terms ‘‘WTO’’
and ‘‘WTO member’’ have the meanings given those terms in section 2 of
the Uruguay Round Agreements Act (19 U.S.C. 3501).
Subtitle B—Trade Benefits
for Caribbean Basin Countries
SEC. 211. TEMPORARY PROVISIONS TO PROVIDE
ADDITIONAL TRADE BENEFITS TO CERTAIN BENEFICIARY COUNTRIES.
(a) TEMPORARY PROVISIONS.—Section 213(b) of
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)) is amended
to read as follows:
‘‘(b) IMPORT-SENSITIVE ARTICLES.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
through (5), the duty-free treatment provided under this title does
not apply to—
‘‘(A) textile and apparel articles which were
not eligible articles for purposes of this title on January 1, 1994,
as this title was in effect on that date;
‘‘(B) footwear not designated at the time of
the effective date of this title as eligible articles for the
purpose of the generalized system of preferences under title V of
the Trade Act of 1974;
‘‘(C) tuna, prepared or preserved in any
manner, in airtight containers;
‘‘(D) petroleum, or any product derived from
petroleum, provided for in headings 2709 and 2710 of the HTS;
‘‘(E) watches and watch parts (including
cases, brace-lets, and straps), of whatever type including, but not
limited to, mechanical, quartz digital or quartz analog, if such
watches or watch parts contain any material which is the product of
any country with respect to which HTS column 2 rates of duty apply;
or
‘‘(F) articles to which reduced rates of duty
apply under subsection (h).
‘‘(2) TRANSITION PERIOD TREATMENT OF CERTAIN
TEXTILE AND APPAREL ARTICLES.—
‘‘(A) ARTICLES COVERED.—During the transition
period, the preferential treatment described in subparagraph (B)
shall apply to the following articles:
‘‘(i) APPAREL ARTICLES ASSEMBLED IN ONE OR
MORE CBTPA BENEFICIARY COUNTRIES.—Apparel articles assembled in
one or more CBTPA beneficiary countries from fabrics wholly formed
and cut in the United States, from yarns wholly formed in the
United States, (including fabrics not formed from yarns, if such
fabrics are classifiable under heading 5602 or 5603 of the HTS and
are wholly formed and cut in the United States) that are—
‘‘(I) entered under subheading 9802.00.80
of the HTS; or
‘‘(II) entered under chapter 61 or 62 of
the HTS, if, after such assembly, the articles would have
qualified for entry under subheading 9802.00.80 of the HTS but
for the fact that the articles were embroidered or subjected to
stone-washing, enzyme-washing, acid washing, permapressing,
oven-baking, bleaching, garment-dyeing, screen printing, or
other similar processes.
‘‘(ii) APPAREL ARTICLES CUT AND ASSEMBLED IN
ONE OR MORE CBTPA BENEFICIARY COUNTRIES.—Apparel articles cut in
one or more CBTPA beneficiary countries from fabric wholly formed
in the United States from yarns wholly formed in the United States
(including fabrics not formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603 of the HTS and are wholly
formed in the United States), if such articles are assembled in
one or more such countries with thread formed in the United
States.
‘‘(iii) CERTAIN KNIT APPAREL ARTICLES.—(I)
Apparel articles knit to shape (other than socks provided for in
heading 6115 of the HTS) in a CBTPA beneficiary country from yarns
wholly formed in the United States, and knit apparel articles
(other than t-shirts described in subclause (III)) cut and wholly
assembled in one or more CBTPA beneficiary countries from fabric
formed in one or more CBTPA beneficiary countries or the United
States from yarns wholly formed in the United States (including
fabrics not formed from yarns, if such fabrics are classifiable
under heading 5602 or 5603 of the HTS and are formed in one or
more CBTPA beneficiary countries), in an amount not exceeding the
amount set forth in subclause (II).
‘‘(II) The amount referred to in subclause
(I) is—‘‘(aa) 250,000,000 square meter equivalents during the
1-year period beginning on October 1, 2000, increased by 16
percent, compounded annually, in each succeeding 1-year period
through September 30, 2004; and
‘‘(bb) in each 1-year period thereafter
through September 30, 2008, the amount in effect for the 1-year
period ending on September 30, 2004, or such other amount as may
be provided by law.
‘‘(III) T-shirts, other than underwear,
classifiable under subheadings 6109.10.00 and 6109.90.10 of the
HTS, made in one or more CBTPA beneficiary countries from fabric
formed in one or more CBTPA beneficiary countries from yarns
wholly formed in the United States, in an amount not exceeding
the amount set forth in subclause (IV).
‘‘(IV) the amount referred to in subclause
(III) is—
‘‘(aa) 4,200,000 dozen during the 1-year
period beginning on October 1, 2000, increased by 16 percent,
compounded annually, in each succeeding 1-year period through
September 30, 2004; and
‘‘(bb) in each 1-year period thereafter,
the amount in effect for the 1-year period ending on September
30, 2004, or such other amount as may be provided by law.
‘‘(V) It is the sense of the Congress that
the Congress should determine, based on the record of expansion
of exports from the United States as a result of the
preferential treatment of articles under this clause, the
percentage by which the amount provided in subclauses (II) and
(IV) should be compounded for the 1-year periods occurring after
the 1-year period ending on September 30, 2004.
‘‘(iv) CERTAIN OTHER APPAREL ARTICLES.—(I)
Subject to subclause (II), any apparel article classifiable under
subheading 6212.10 of the HTS, if the article is both cut and sewn
or otherwise assembled in the United States, or one or more of the
CBTPA beneficiary countries, or both.
‘‘(II) During the 1-year period beginning on
October 1, 2001, and during each of the six succeeding 1-year
periods, apparel articles described in subclause (I) of a producer
or an entity controlling production shall be eligible for
preferential treatment under subparagraph (B) only if the
aggregate cost of fabric components formed in the United States
that are used in the production of all such articles of that
producer or entity during the preceding 1-year period is at least
75 percent of the aggregate declared customs value of the fabric
contained in all such articles of that producer or entity that are
entered during the pre-ceding 1-year period.
‘‘(III) The United States Customs Service
shall develop and implement methods and procedures to ensure
ongoing compliance with the requirement set forth in subclause
(II). If the Customs Service finds that a producer or an entity
controlling production has not satisfied such requirement in a
1-year period, then apparel articles described in subclause (I) of
that producer or entity shall be ineligible for preferential
treatment under subparagraph (B) during any succeeding 1-year
period until the aggregate cost of fabric components formed in the
United States used in the production of such articles of that
producer or entity in the preceding 1-year period is at least 85
percent of the aggregate declared customs value of the fabric
contained in all such articles of that producer or entity that are
entered during the preceding 1-year period.
‘‘(v) APPAREL ARTICLES ASSEMBLED FROM
FABRICS OR YARN NOT WIDELY AVAILABLE IN COMMERCIAL QUANTITIES.—(I)
Apparel articles that are both cut (or knit-to-shape) and sewn or
otherwise assembled in one or more CBTPA beneficiary countries,
from fabrics or yarn that is not formed in the United States or in
one or more CBTPA beneficiary countries, to the extent that
apparel articles of such fabrics or yarn would be eligible for
preferential treatment, without regard to the source of the
fabrics or yarn, under Annex 401 of the NAFTA.
‘‘(II) At the request of any interested
party, the President is authorized to proclaim additional fabrics
and yarn as eligible for preferential treatment under subclause
(I) if—
‘‘(aa) the President determines that such
fabrics or yarn cannot be supplied by the domestic industry in
commercial quantities in a timely manner;
‘‘(bb) the President has obtained advice
regarding the proposed action from the appropriate advisory
committee established under section 135 of the Trade Act of 1974
(19 U.S.C. 2155) and the United States International Trade
Commission;
‘‘(cc) within 60 days after the request,
the President has submitted a report to the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate that sets forth the action proposed to be
proclaimed and the reasons for such actions, and the advice
obtained under division (bb);
‘‘(dd) a period of 60 calendar days,
beginning with the first day on which the President has met the
requirements of division (cc), has expired; and
‘‘(ee) the President has consulted with
such committees regarding the proposed action during the period
referred to in division (cc).
‘‘(vi) HANDLOOMED, HANDMADE, AND FOLKLORE
ARTICLES.—A handloomed, handmade, or folklore article of a CBTPA
beneficiary country identified under subparagraph (C) that is
certified as such by the competent authority of such beneficiary
country.
‘‘(vii) SPECIAL RULES.—
‘‘(I) EXCEPTION FOR FINDINGS AND
TRIMMINGS.—(aa) An article otherwise eligible for preferential
treatment under this paragraph shall not be ineligible for such
treatment because the article contains findings or trimmings of
foreign origin, if such findings and trimmings do not exceed 25
percent of the cost of the components of the assembled product.
Examples of findings and trimmings are sewing thread, hooks and
eyes, snaps, buttons, ‘bow buds’, decorative lace, trim, elastic
strips, zippers, including zipper tapes and labels, and other
similar products. Elastic strips are considered findings or
trimmings only if they are each less than 1 inch in width and
are used in the production of brassieres.
‘‘(bb) In the case of an article described
in clause (ii) of this subparagraph, sewing thread shall not be
treated as findings or trimmings under this subclause.
‘‘(II) CERTAIN INTERLINING.—(aa) An
article otherwise eligible for preferential treatment under this
paragraph shall not be ineligible for such treatment because the
article contains certain interlinings of foreign origin, if the
value of such interlinings (and any findings and trimmings) does
not exceed 25 percent of the cost of the components of the
assembled article.
‘‘(bb) Interlinings eligible for the
treatment described in division (aa) include only a chest type
plate, ‘hymo’ piece, or ‘sleeve header’, of woven or
weft-inserted warp knit construction and of coarse animal hair
or man-made filaments.
‘‘(cc) The treatment described in this
subclause shall terminate if the President makes a determination
that United States manufacturers are producing such interlinings
in the United States in commercial quantities.
‘‘(III) DE MINIMIS RULE.—An article that
would otherwise be ineligible for preferential treatment under
this paragraph because the article contains fibers or yarns not
wholly formed in the United States or in one or more CBTPA
beneficiary countries shall not be ineligible for such treatment
if the total weight of all such fibers or yarns is not more than
7 percent of the total weight of the good. Notwithstanding the
preceding sentence, an apparel article containing elastomeric
yarns shall be eligible for preferential treatment under this
paragraph only if such yarns are wholly formed in the United
States.
‘‘(IV) SPECIAL ORIGIN RULE.—An article
otherwise eligible for preferential treatment under clause (i)
or (ii) of this subparagraph shall not be ineligible for such
treatment because the article contains nylon filament yarn
(other than elastomeric yarn) that is classifiable under
subheading 5402.10.30, 5402.10.60, 5402.31.30, 5402.31.60,
5402.32.30, 5402.32.60, 5402.41.10, 5402.41.90, 5402.51.00, or
5402.61.00 of the HTS duty-free from a country that is a party
to an agreement with the United States establishing a free trade
area, which entered into force before January 1, 1995.
‘‘(viii) TEXTILE LUGGAGE.—Textile luggage—
‘‘(I) assembled in a CBTPA beneficiary
country from fabric wholly formed and cut in the United States,
from yarns wholly formed in the United States, that is entered
under subheading 9802.00.80 of the HTS; or
‘‘(II) assembled from fabric cut in a
CBTPA beneficiary country from fabric wholly formed in the
United States from yarns wholly formed in the United States.
‘‘(B) PREFERENTIAL TREATMENT.—Except as
provided in subparagraph (E), during the transition period, the
articles to which this subparagraph applies shall enter the United
States free of duty and free of any quantitative restrictions,
limitations, or consultation levels.
‘‘(C) HANDLOOMED, HANDMADE, AND FOLKLORE
ARTICLES.—For purposes of subparagraph (A)(vi), the President shall
consult with representatives of the CBTPA beneficiary countries
concerned for the purpose of identifying particular textile and
apparel goods that are mutually agreed upon as being handloomed,
handmade, or folklore goods of a kind described in section 2.3(a),
(b), or (c) of the Annex or Appendix 3.1.B.11 of the Annex.
‘‘(D) PENALTIES FOR TRANSSHIPMENTS.—
‘‘(i) PENALTIES FOR EXPORTERS.—If the
President determines, based on sufficient evidence, that an
exporter has engaged in transshipment with respect to textile or
apparel articles from a CBTPA beneficiary country, then the
President shall deny all benefits under this title to such
exporter, and any successor of such exporter, for a period of 2
years.
‘‘(ii) PENALTIES FOR COUNTRIES.—Whenever the
President finds, based on sufficient evidence, that transshipment
has occurred, the President shall request that the CBTPA
beneficiary country or countries through whose territory the
transshipment has occurred take all necessary and appropriate
actions to prevent such transshipment. If the President determines
that a country is not taking such actions, the President shall
reduce the quantities of textile and apparel articles that may be
imported into the United States from such country by the quantity
of the trans-shipped articles multiplied by 3, to the extent
consistent with the obligations of the United States under the WTO.
‘‘(iii) TRANSSHIPMENT
DESCRIBED.—Transshipment within the meaning of this subparagraph
has occurred when preferential treatment under subparagraph (B)
has been claimed for a textile or apparel article on the basis of
material false information concerning the country of origin,
manufacture, processing, or assembly of the article or any of its
components. For purposes of this clause, false information is
material if disclosure of the true information would mean or would
have meant that the article is or was ineligible for preferential
treatment under subparagraph (B).
‘‘(E) BILATERAL EMERGENCY ACTIONS.—
‘‘(i) IN GENERAL.—The President may take
bilateral emergency tariff actions of a kind described in section
4 of the Annex with respect to any apparel article imported from a
CBTPA beneficiary country if the application of tariff treatment
under subparagraph (B) to such article results in conditions that
would be cause for the taking of such actions under such section 4
with respect to a like article described in the same 8-digit
subheading of the HTS that is imported from Mexico.
‘‘(ii) RULES RELATING TO BILATERAL EMERGENCY
ACTION.—For purposes of applying bilateral emergency action under
this subparagraph—
‘‘(I) the requirements of paragraph (5) of
section 4 of the Annex (relating to providing compensation)
shall not apply;
‘‘(II) the term ‘transition period’ in
section 4 of the Annex shall have the meaning given that term in
paragraph (5)(D) of this subsection; and
‘‘(III) the requirements to consult
specified in section 4 of the Annex shall be treated as
satisfied if the President requests consultations with the CBTPA
beneficiary country in question and the country does not agree
to consult within the time period specified under section 4.
‘‘(3) TRANSITION PERIOD TREATMENT OF CERTAIN
OTHER ARTICLES ORIGINATING IN BENEFICIARY COUNTRIES.—
‘‘(A) EQUIVALENT TARIFF TREATMENT.—
‘‘(i) IN GENERAL.—Subject to clause (ii),
the tariff treatment accorded at any time during the transition
period to any article referred to in any of subparagraphs (B)
through (F) of paragraph (1) that is a CBTPA originating good
shall be identical to the tariff treatment that is accorded at
such time under Annex 302.2 of the NAFTA to an article described
in the same 8-digit subheading of the HTS that is a good of Mexico
and is imported into the United States.
‘‘(ii) EXCEPTION.—Clause (i) does not apply
to any article accorded duty-free treatment under U.S. Note 2(b)
to subchapter II of chapter 98 of the HTS.
‘‘(B) RELATIONSHIP TO SUBSECTION (h) DUTY
REDUCTIONS.—If at any time during the transition period the rate of
duty that would (but for action taken under subparagraph (A)(i) in
regard to such period) apply with respect to any article under
subsection (h) is a rate of duty that is lower than the rate of duty
resulting from such action, then such lower rate of duty shall be
applied for the purposes of implementing such action.
‘‘(4) CUSTOMS PROCEDURES.—
‘‘(A) IN GENERAL.—
‘‘(i) REGULATIONS.—Any importer that claims
preferential treatment under paragraph (2) or (3) shall comply
with customs procedures similar in all material respects to the
requirements of Article 502(1) of the NAFTA as implemented
pursuant to United States law, in accordance with regulations
promulgated by the Secretary of the Treasury.
‘‘(ii) DETERMINATION.—
‘‘(I) IN GENERAL.—In order to qualify for
the preferential treatment under paragraph (2) or (3) and for a
Certificate of Origin to be valid with respect to any article
for which such treatment is claimed, there shall be in effect a
determination by the President that each country described in
subclause (II)—
‘‘(aa) has implemented and follows; or
‘‘(bb) is making substantial progress
toward implementing and following, procedures and requirements
similar in all material respects to the relevant procedures and
requirements under chapter 5 of the NAFTA.
‘‘(II) COUNTRY DESCRIBED.—A country is
described in this subclause if it is a CBTPA beneficiary
country—
‘‘(aa) from which the article is exported;
or
‘‘(bb) in which materials used in the
production of the article originate or in which the article or
such materials undergo production that contributes to a claim
that the article is eligible for preferential treatment under
paragraph (2) or (3).
‘‘(B) CERTIFICATE OF ORIGIN.—The Certificate
of Origin that otherwise would be required pursuant to the
provisions of subparagraph (A) shall not be required in the case of
an article imported under paragraph (2) or (3) if such Certificate
of Origin would not be required under Article 503 of the NAFTA
(as implemented pursuant to United States law), if the article were
imported from Mexico.
‘‘(C) REPORT BY USTR ON COOPERATION OF OTHER
COUNTRIES CONCERNING CIRCUMVENTION.—The United States Commissioner
of Customs shall conduct a study analyzing the extent to which each
CBTPA beneficiary country—
‘‘(i) has cooperated fully with the United
States, consistent with its domestic laws and procedures, in
instances of circumvention or alleged circumvention of existing
quotas on imports of textile and apparel goods, to establish
necessary relevant facts in the places of import, export, and,
where applicable, trans-shipment, including investigation of
circumvention practices, exchanges of documents, correspondence,
reports, and other relevant information, to the extent such
information is available;
‘‘(ii) has taken appropriate measures,
consistent with its domestic laws and procedures, against
exporters and importers involved in instances of false declaration
concerning fiber content, quantities, description, classification,
or origin of textile and apparel goods; and
‘‘(iii) has penalized the individuals and
entities involved in any such circumvention, consistent with its
domestic laws and procedures, and has worked closely to seek the
cooperation of any third country to prevent such circumvention
from taking place in that third country.
The Trade Representative shall submit to
Congress, not later than October 1, 2001, a report on the study
conducted under this subparagraph.
‘‘(5) DEFINITIONS AND SPECIAL RULES.—For
purposes of this subsection—
‘‘(A) ANNEX.—The term ‘the Annex’ means Annex
300–B of the NAFTA.
‘‘(B) CBTPA BENEFICIARY COUNTRY.—The term
‘CBTPA beneficiary country’ means any ‘beneficiary country’, as
defined in section 212(a)(1)(A) of this title, which the President
designates as a CBTPA beneficiary country, taking into account the
criteria contained in subsections (b) and (c) of section 212 and
other appropriate criteria, including the following:
‘‘(i) Whether the beneficiary country has
demonstrated a commitment to—
‘‘(I) undertake its obligations under the
WTO, including those agreements listed in section 101(d) of the
Uruguay Round Agreements Act, on or ahead of schedule; and
‘‘(II) participate in negotiations toward
the completion of the FTAA or another free trade agreement.
‘‘(ii) The extent to which the country
provides protection of intellectual property rights consistent
with or greater than the protection afforded under the Agreement
on Trade-Related Aspects of Intellectual Property Rights described
in section 101(d)(15) of the Uruguay Round Agreements Act.
‘‘(iii) The extent to which the country
provides internationally recognized worker rights, including—
‘‘(I) the right of association;
‘‘(II) the right to organize and bargain
collectively;
‘‘(III) a prohibition on the use of any
form of forced or compulsory labor;
‘‘(IV) a minimum age for the employment of
children; and
‘‘(V) acceptable conditions of work with
respect to minimum wages, hours of work, and occupational safety
and health;
‘‘(iv) Whether the country has implemented
its commitments to eliminate the worst forms of child labor, as
defined in section 507(6) of the Trade Act of 1974.
‘‘(v) The extent to which the country has
met the counter-narcotics certification criteria set forth in
section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j) for eligibility for United States assistance.
‘‘(vi) The extent to which the country has
taken steps to become a party to and implements the Inter-American
Convention Against Corruption.
‘‘(vii) The extent to which the country—
‘‘(I) applies transparent,
nondiscriminatory, and competitive procedures in government
procurement equivalent to those contained in the Agreement on
Government Procurement described in section 101(d)(17) of the
Uruguay Round Agreements Act; and
‘‘(II) contributes to efforts in
international fora to develop and implement international rules
in transparency in government procurement.
‘‘(C) CBTPA ORIGINATING GOOD.—
‘‘(i) IN GENERAL.—The term ‘CBTPA
originating good’ means a good that meets the rules of origin for
a good set forth in chapter 4 of the NAFTA as implemented pursuant
to United States law.
‘‘(ii) APPLICATION OF CHAPTER 4.—In applying
chapter 4 of the NAFTA with respect to a CBTPA beneficiary country
for purposes of this subsection—
‘‘(I) no country other than the United
States and a CBTPA beneficiary country may be treated as being a
party to the NAFTA;
‘‘(II) any reference to trade between the
United States and Mexico shall be deemed to refer to trade
between the United States and a CBTPA beneficiary country;
‘‘(III) any reference to a party shall be
deemed to refer to a CBTPA beneficiary country or the United
States; and
‘‘(IV) any reference to parties shall be
deemed to refer to any combination of CBTPA beneficiary
countries or to the United States and one or more CBTPA
beneficiary countries (or any combination thereof ).
‘‘(D) TRANSITION PERIOD.—The term ‘transition
period’ means, with respect to a CBTPA beneficiary country, the
period that begins on October 1, 2000, and ends on the earlier of—
‘‘(i) September 30, 2008; or
‘‘(ii) the date on which the FTAA or another
free trade agreement that makes substantial progress in achieving
the negotiating objectives set forth in 108(b)(5) of Public Law
103–182 (19 U.S.C. 3317(b)(5)) enters into force with respect to
the United States and the CBTPA beneficiary country.
‘‘(E) CBTPA.—The term ‘CBTPA’ means the United
States-Caribbean Basin Trade Partnership Act.
‘‘(F) FTAA.—The term ‘FTAA’ means the Free
Trade Area of the Americas.’’.
(b) DETERMINATION REGARDING RETENTION OF
DESIGNATION.—Section 212(e) of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2702(e)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(B) by inserting ‘‘(A)’’ after ‘‘(1)’’;
and
(C) by adding at the end the following:
‘‘(B) The President may, after the requirements of
subsection (a)(2) and paragraph (2) have been met—
‘‘(i) withdraw or suspend the designation of any
country as a CBTPA beneficiary country; or
‘‘(ii) withdraw, suspend, or limit the application
of preferential treatment under section 213(b)(2) and (3) to any article
of any country,
if, after such designation, the President determines
that, as a result of changed circumstances, the performance of such
country is not satisfactory under the criteria set forth in section
213(b)(5)(B).’’; and
(2) by adding after paragraph (2) the following
new paragraph:
‘‘(3) If preferential treatment under section
213(b)(2) and (3) is withdrawn, suspended, or limited with respect to a
CBTPA beneficiary country, such country shall not be deemed to be a
‘party’ for the purposes of applying section 213(b)(5)(C) to imports of
articles for which preferential treatment has been withdrawn, suspended,
or limited with respect to such country.’’.
(c) REPORTING REQUIREMENTS.—
(1) Section 212(f ) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702(f )) is amended to read as
follows:
‘‘(f ) REPORTING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than December 31,
2001, and every 2 years thereafter during the period this title is in
effect, the United States Trade Representative shall submit to Congress
a report regarding the operation of this title, including—
‘‘(A) with respect to subsections (b) and (c),
the results of a general review of beneficiary countries based on the
considerations described in such subsections; and
‘‘(B) the performance of each beneficiary
country or CBTPA beneficiary country, as the case may be, under the
criteria set forth in section 213(b)(5)(B).
‘‘(2) PUBLIC COMMENT.—Before submitting the report
described in paragraph (1), the United States Trade Representative shall
publish a notice in the Federal Register requesting public comments on
whether beneficiary countries are meeting the criteria listed in section
213(b)(5)(B).’’.
(2) Section 203(f ) of the Andean Trade
Preference Act (19 U.S.C. 3202(f )) is amended—
(A) by striking ‘‘TRIENNIAL REPORT’’ in
the heading and inserting ‘‘REPORT’’; and
(B) by striking ‘‘On or before’’ and all
that follows through ‘‘enactment of this title’’ and inserting ‘‘Not
later than January 31, 2001’’.
(d) INTERNATIONAL TRADE COMMISSION REPORTS.—
(1) Section 215(a) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2704(a)) is amended to read as
follows:‘‘(a) REPORTING REQUIREMENT.—
‘‘(1) IN GENERAL.—The United States International
Trade Commission (in this section referred to as the ‘Commission’) shall
submit to Congress and the President biennial reports regarding the
economic impact of this title on United States industries and consumers
and on the economy of the beneficiary countries.
‘‘(2) FIRST REPORT.—The first report shall be
submitted not later than September 30, 2001.
‘‘(3) TREATMENT OF PUERTO RICO, ETC.—For purposes
of this section, industries in the Commonwealth of Puerto Rico and the
insular possessions of the United States are considered to be United
States industries.’’.
(2) Section 206(a) of the Andean Trade
Preference Act (19 U.S.C. 3204(a)) is amended to read as follows:
‘‘(a) REPORTING REQUIREMENTS.—
‘‘(1) IN GENERAL.—The United States International
Trade Commission (in this section referred to as the ‘Commission’) shall
submit to Congress and the President biennial reports regarding the
economic impact of this title on United States industries and consumers,
and, in conjunction with other agencies, the effectiveness of this title
in promoting drug-related crop eradication and crop substitution efforts
of the beneficiary countries.
‘‘(2) SUBMISSION.—During the period that this
title is in effect, the report required by paragraph (1) shall be
submitted on December 31 of each year that the report required by
section 215 of the Caribbean Basin Economic Recovery Act is not
submitted.
‘‘(3) TREATMENT OF PUERTO RICO, ETC.—For purposes
of this section, industries in the Commonwealth of Puerto Rico and the
insular possessions of the United States are considered to be United
States industries.’’.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) IN GENERAL.—
(A) Section 211 of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2701) is amended by inserting ‘‘(or
other preferential treatment)’’ after ‘‘treatment’’.
(B) Section 213(a)(1) of the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2703(a)(1)) is amended by
inserting ‘‘and except as provided in subsection (b)(2) and (3),’’
after ‘‘Tax Reform Act of 1986,’’.
(2) DEFINITIONS.—Section 212(a)(1) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)(1)) is amended
by adding at the end the following new subparagraphs:
‘‘(D) The term ‘NAFTA’ means the North American
Free Trade Agreement entered into between the United States, Mexico,
and Canada on December 17, 1992.
‘‘(E) The terms ‘WTO’ and ‘WTO member’ have the
meanings given those terms in section 2 of the Uruguay Round
Agreements Act (19 U.S.C. 3501).’’.
SEC. 212. DUTY-FREE TREATMENT FOR CERTAIN
BEVERAGES MADE WITH CARIBBEAN RUM.
Section 213(a) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(a)) is amended—
(1) in paragraph (5), by striking
‘‘chapter’’ and inserting ‘‘title’’; and
(2) by adding at the end the following new
paragraph:
‘‘(6) Notwithstanding paragraph (1), the duty-free
treatment provided under this title shall apply to liqueurs and spirituous
beverages produced in the territory of Canada from rum if—
‘‘(A) such rum is the growth, product, or
manufacture of a beneficiary country or of the Virgin Islands of the
United States;
‘‘(B) such rum is imported directly from a
beneficiary country or the Virgin Islands of the United States into the
territory of Canada, and such liqueurs and spirituous beverages are
imported directly from the territory of Canada into the customs
territory of the United States;
‘‘(C) when imported into the customs territory of
the United States, such liqueurs and spirituous beverages are classified
in subheading 2208.90 or 2208.40 of the HTS; and
‘‘(D) such rum accounts for at least 90 percent by
volume of the alcoholic content of such liqueurs and spirituous
beverages.’’.
SEC. 213. MEETINGS OF TRADE MINISTERS AND USTR.
(a) SCHEDULE OF MEETINGS.—The President shall
take the necessary steps to convene a meeting with the trade ministers of
the CBTPA beneficiary countries in order to establish a schedule of
regular meetings, to commence as soon as is practicable, of the trade
ministers and the Trade Representative, for the purpose set forth in
subsection (b).
(b) PURPOSE.—The purpose of the meetings
scheduled under subsection (a) is to reach agreement between the United
States and CBTPA beneficiary countries on the likely timing and procedures
for initiating negotiations for CBTPA beneficiary countries to enter into
mutually advantageous free trade agreements with the United States that
contain provisions comparable to those in the NAFTA and would make
substantial progress in achieving the negotiating objectives set forth in
section 108(b)(5) of Public Law 103–182 (19 U.S.C. 3317(b)(5)).
(c) DEFINITION.—In this section, the term
‘‘CBTPA beneficiary country’’ has the meaning given that term in section
213(b)(5)(B) of the Caribbean Basin Economic Recovery Act.
|
|
|
|
|
 |
 |
 |
|
|
|