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21051: Lewis: HERO Bill S. 2261 for preferential trade treatment for Haiti - presented by Sen. DeWine - March 30, 2004 (fwd)
From: David E. Lewis <DavidLewis@manchestertrade.com>
Haiti Economic Recovery Opportunity Act of 2004 (Introduced in Senate)
S 2261 IS
108th CONGRESS
2d Session
S. 2261
To expand certain preferential trade treatment for Haiti.
IN THE SENATE OF THE UNITED STATES
March 30, 2004
Mr. DEWINE (for himself, Mr. GRAHAM of Florida, Mr. LUGAR, Mr. BAUCUS,
Mr. CHAFEE, Mr. DODD, Mr. NELSON of Florida, Mr. VOINOVICH, and Mr.
SUNUNU) introduced the following bill; which was read twice and referred
to the Committee on Finance
--------------------------------------------------------------------------------
A BILL
To expand certain preferential trade treatment for Haiti.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Haiti Economic Recovery Opportunity Act of
2004'.
SEC. 2. TRADE BENEFITS TO HAITI.
(a) IN GENERAL- The Caribbean Basin Economic Recovery Act (19 U.S.C.
2701 et seq.) is amended by inserting after section 213 the following
new section:
`SEC. 213A. SPECIAL RULE FOR HAITI.
`(a) IN GENERAL- In addition to any other preferential treatment under
this Act, beginning on October 1, 2003, and in each of the 7 succeeding
1-year periods, apparel articles described in subsection (b) that are
imported directly into the customs territory of the United States from
Haiti shall enter the United States free of duty, subject to the
limitations described in subsections (b) and (c), if Haiti has satisfied
the requirements set forth in subsection (d).
`(b) APPAREL ARTICLES DESCRIBED- Apparel articles described in this
subsection are apparel articles that are wholly assembled or
knit-to-shape in Haiti from any combination of fabrics, fabric
components, components knit-to-shape, and yarns without regard to the
country of origin of the fabrics, components, or yarns.
`(c) PREFERENTIAL TREATMENT- The preferential treatment described in
subsection (a), shall be extended--
`(1) during the 12-month period beginning on October 1, 2003, to a
quantity of apparel articles that is equal to 1.5 percent of the
aggregate square meter equivalents of all apparel articles imported into
the United States during the 12-month period beginning October 1, 2002;
and
`(2) during the 12-month period beginning on October 1 of each
succeeding year, to a quantity of apparel articles that is equal to the
product of--
`(A) the percentage applicable during the previous 12-month period plus
0.5 percent (but not over 3.5 percent); and
`(B) the aggregate square meter equivalents of all apparel articles
imported into the United States during the 12-month period that ends on
September 30 of that year.
`(d) ELIGIBILITY REQUIREMENTS- Haiti shall be eligible for preferential
treatment under this section if the President determines and certifies
to Congress that Haiti--
`(1) has established, or is making continual progress toward
establishing--
`(A) a market-based economy that protects private property rights,
incorporates an open rules-based trading system, and minimizes
government interference in the economy through measures such as price
controls, subsidies, and government ownership of economic assets;
`(B) the rule of law, political pluralism, and the right to due process,
a fair trial, and equal protection under the law;
`(C) the elimination of barriers to United States trade and investment,
including by--
`(i) the provision of national treatment and measures to create an
environment conducive to domestic and foreign investment;
`(ii) the protection of intellectual property; and
`(iii) the resolution of bilateral trade and investment disputes;
`(D) economic policies to reduce poverty, increase the availability of
health care and educational opportunities, expand physical
infrastructure, promote the development of private enterprise, and
encourage the formation of capital markets through microcredit or other
programs;
`(E) a system to combat corruption and bribery, such as signing and
implementing the Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions; and
`(F) protection of internationally recognized worker rights, including
the right of association, the right to organize and bargain
collectively, a prohibition on the use of any form of forced or
compulsory labor, a minimum age for the employment of children, and
acceptable conditions of work with respect to minimum wages, hours of
work, and occupational safety and health;
`(2) does not engage in activities that undermine United States national
security or foreign policy interests; and
`(3) does not engage in gross violations of internationally recognized
human rights or provide support for acts of international terrorism and
cooperates in international efforts to eliminate human rights violations
and terrorist activities.'.
(b) EFFECTIVE DATE-
(1) IN GENERAL- The amendment made by subsection (a) applies with
respect to goods entered, or withdrawn from warehouse for consumption,
on or after October 1, 2003.
(2) RETROACTIVE APPLICATION TO CERTAIN ENTRIES- Notwithstanding section
514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of
law, upon proper request filed with the Customs Service before the 90th
day after the date of the enactment of this Act, any entry or withdrawal
from warehouse for consumption, of any goods described in the amendment
made by subsection (a)--
(A) that was made on or after October 1, 2003, and before the date of
the enactment of this Act, and
(B) with respect to which there would have been no duty if the amendment
made by subsection (a) applied to such entry or withdrawal,
shall be liquidated or reliquidated as though such amendment applied to
such entry or withdrawal.
--
Dr. David E. Lewis
Vice President
Manchester Trade Ltd.
International Business Advisors
1710 Rhode Island Avenue, NW - Suite 300
Washington, DC 20036
Tel 202-331-9464
Fax 202-785-0376
Email: DavidLewis@ManchesterTrade.com
http://www.ManchesterTrade.com