[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 525 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 525
To expand trade benefits to certain Andean countries, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2001
Mr. Graham (for himself, Mr. DeWine, Mr. Hagel, Mr. Breaux, Mr. McCain,
Mr. Dodd, Mr. Thompson, Mr. Biden, Mr. Nelson of Nebraska, Mr. Kyl, and
Mr. Nelson of Florida) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To expand trade benefits to certain Andean countries, and for other
purposes.
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 ``Andean Trade Preference Expansion
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since the Andean Trade Preference Act was enacted in
1991, it has had a positive impact on United States trade with
Bolivia, Colombia, Ecuador, and Peru. Two-way trade has
doubled, with the United States serving as the leading source
of imports and leading export market for each of the Andean
beneficiary countries. This has resulted in increased jobs and
expanded export opportunities in both the United States and the
Andean region.
(2) The Andean Trade Preference Act has been a key element
in the United States counternarcotics strategy in the Andean
region, promoting export diversification and broad-based
economic development that provides sustainable economic
alternatives to drug-crop production, strengthening the
legitimate economies of Andean countries and creating viable
alternatives to illicit trade in coca.
(3) Notwithstanding the success of the Andean Trade
Preference Act, the Andean region remains threatened by
political and economic instability and fragility, vulnerable to
the consequences of the drug war and fierce global competition
for its legitimate trade.
(4) The continuing instability in the Andean region poses a
threat to the security interests of the United States and the
world. This problem has been partially addressed through
foreign aid, such as Plan Colombia, enacted by Congress in
2000. However, foreign aid alone is not sufficient. Enhancement
of legitimate trade with the United States provides an
alternative means for reviving and stabilizing the economies in
the Andean region.
(5) The Andean Trade Preference Act constitutes a tangible
commitment by the United States to the promotion of prosperity,
stability, and democracy in the beneficiary countries.
(6) Renewal and enhancement of the Andean Trade Preference
Act will bolster the confidence of domestic private enterprise
and foreign investors in the economic prospects of the region,
ensuring that legitimate private enterprise can be the engine
of economic development and political stability in the region.
(7) Each of the Andean beneficiary countries is committed
to conclude negotiation of a Free Trade Area of the Americas by
the year 2005, as a means of enhancing the economic security of
the region.
(8) Temporarily enhancing trade benefits for Andean
beneficiaries countries will promote the growth of free
enterprise and economic opportunity in these countries and
serve the security interests of the United States, the region,
and the world.
SEC. 3. TEMPORARY PROVISIONS.
(a) In General.--Section 204(b) of the Andean Trade Preference Act
(19 U.S.C. 3203(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,
bracelets, 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;
``(F) articles to which reduced rates of duty apply
under subsection (c);
``(G) sugars, syrups, and molasses classified in
subheadings 1701.11.03, 1701.12.02, 1701.99.02,
1702.90.32, 1806.10.42, and 2106.90.12 of the HTS; or
``(H) rum and tafia classified in subheading
2208.40.00 of the HTS.
``(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 atpea beneficiary countries.--Apparel
articles assembled in one or more ATPEA
beneficiary countries from fabrics wholly
formed and cut in the United States, from yarns
wholly formed 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, perma-pressing, oven-baking,
bleaching, garment-dyeing, screen
printing, or other similar processes.
``(ii) Apparel articles cut and assembled
in one or more atpea beneficiary countries.--
Apparel articles cut in one or more ATPEA
beneficiary countries from fabric wholly formed
in the United States from yarns 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-to-shape apparel
articles.--
``(I) General rule.--Apparel
articles knit-to-shape (other than
socks provided for in heading 6115 of
the HTS) in an ATPEA beneficiary
country from yarns wholly formed in the
United States.
``(II) Knit-to-shape in an atpea
beneficiary country and the united
states.--Apparel articles assembled in
an ATPEA beneficiary country from
components knit-to-shape in the United
States and components knit-to-shape in
an ATPEA beneficiary country from yarns
wholly formed in the United States.
``(III) Assembled in an atpea
beneficiary country.--Apparel articles
assembled in an ATPEA beneficiary
country from components knit-to-shape
in the United States from yarns wholly
formed in the United States.
``(iv) Regional fabric.--
``(I) General rule.--Knit apparel
articles cut and wholly assembled in
one or more ATPEA beneficiary countries
from fabric formed in one or more ATPEA
beneficiary countries from yarns wholly
formed in the United States, in an
amount not exceeding the amount set
forth in subclause (II).
``(II) Limitation.--The amount
referred to in subclause (I) is
70,000,000 square meter equivalents
during the 1-year period beginning on
October 1, 2001, increased by 16
percent, compounded annually, in each
succeeding 1-year period through
September 30, 2005.
``(v) Certain other apparel articles.--
``(I) General rule.--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
ATPEA beneficiary countries, or both.
``(II) Limitation.--During the 1-
year period beginning on October 1,
2002, and during each of the 3
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 preceding
1-year period.
``(III) Development of procedure to
ensure compliance.--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.
``(vi) Apparel articles assembled from
fabrics or yarn not widely available in
commercial quantities.--
``(I) General rule.--Apparel
articles that are both cut (or knit-to-
shape) and sewn or otherwise assembled
in one or more ATPEA beneficiary
countries, from fabrics or yarn that is
not formed in the United States or in
one or more ATPEA 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) Additional fabrics
eligible.--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).
``(vii) Handloomed, handmade, and folklore
articles.--A handloomed, handmade, or folklore
article of an ATPEA beneficiary country
identified under subparagraph (C) that is
certified as such by the competent authority of
such beneficiary country.
``(viii) Apparel articles made from alpaca,
vicuna, or llama.--An apparel article of an
ATPEA beneficiary country in chief weight of
alpaca, vicuna, or llama.
``(ix) 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 interlinings.--(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 ATPEA 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.
``(V) Fabrics not formed from
yarns.--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 is assembled in one
or more beneficiary countries from
fabrics not formed from yarns, if such
fabrics are classifiable under heading
5602 or 5603 of the HTS and are wholly
formed (or wholly formed and cut, as
the case may be) in the United States.
``(VI) Clarification of certain
knit apparel articles.--Notwithstanding
any other provision of law, an article
otherwise eligible for preferential
treatment under clause (iv)(I) of this
subparagraph, shall not be ineligible
for such treatment because the article,
or a component thereof, contains fabric
formed in the United States from yarns
wholly formed in the United States.''.
``(x) Textile luggage.--Textile luggage--
``(I) assembled in an ATPEA
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
an ATPEA 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 subparagraph (A) 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)(vii), the
President shall consult with representatives of the
ATPEA 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 an ATPEA 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 ATPEA
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 transshipped 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 an
ATPEA 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 ATPEA 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
(H) of paragraph (1) that is an ATPEA
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 (c) 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 (c) 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 an ATPEA 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 ATPEA 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, transshipment, 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, 2002, 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) ATPEA beneficiary country.--The term `ATPEA
beneficiary country' means any `beneficiary country',
as defined in section 203(a)(1) of this title, which
the President designates as an ATPEA beneficiary
country, taking into account the criteria contained in
subsections (b) and (c) of section 203 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) ATPEA originating good.--
``(i) In general.--The term `ATPEA
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
an ATPEA beneficiary country for purposes of
this subsection--
``(I) no country other than the
United States and an ATPEA 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 an ATPEA
beneficiary country;
``(III) any reference to a party
shall be deemed to refer to an ATPEA
beneficiary country or the United
States; and
``(IV) any reference to parties
shall be deemed to refer to any
combination of ATPEA beneficiary
countries or to the United States and
one or more ATPEA beneficiary countries
(or any combination thereof).
``(D) Transition period.--The term `transition
period' means, with respect to an ATPEA beneficiary
country, the period that begins on October 1, 2001, and
ends on the earlier of--
``(i) September 30, 2005; 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 section
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 ATPEA beneficiary
country.
``(E) ATPEA.--The term `ATPEA' means the Andean
Trade Preference Expansion Act.
``(F) FTAA.--The term `FTAA' means the Free Trade
Area of the Americas.''.
(b) Determination Regarding Retention of Designation.--Section
203(e) of the Andean Trade Preference Act (19 U.S.C. 3202(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 paragraph (2)
have been met--
``(i) withdraw or suspend the designation of any country as
an ATPEA beneficiary country; or
``(ii) withdraw, suspend, or limit the application of
preferential treatment under section 204(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 204(b)(5)(B).'';
and
(2) by adding after paragraph (2) the following new
paragraph:
``(3) If preferential treatment under section 204(b) (2) and (3) is
withdrawn, suspended, or limited with respect to an ATPEA beneficiary
country, such country shall not be deemed to be a `party' for the
purposes of applying section 204(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.--Section 203(f) of the Andean Trade
Preference Act (19 U.S.C. 3202(f)) is amended to read as follows:
``(f) Reporting Requirements.--
``(1) In general.--Not later than December 31, 2002, 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 ATPEA beneficiary country, as the case may be, under
the criteria set forth in section 204(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 204(b)(5)(B).''.
(d) Conforming Amendments.--
(1) In general.--
(A) Section 202 of the Andean Trade Preference Act
(19 U.S.C. 3201) is amended by inserting ``(or other
preferential treatment)'' after ``treatment''.
(B) Section 204(a)(1) of the Andean Trade
Preference Act (19 U.S.C. 3203(a)(1)) is amended by
inserting ``(or otherwise provided for)'' after
``eligibility''.
(2) Definitions.--Section 203(a) of the Andean Trade
Preference Act (19 U.S.C. 3202(a)) is amended by adding at the
end the following new paragraphs:
``(4) The term ``NAFTA'' means the North American Free
Trade Agreement entered into between the United States, Mexico,
and Canada on December 17, 1992.
``(5) 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. 4. TERMINATION.
Section 208(b) of the Andean Trade Preference Act (19 U.S.C.
3206(b)) is amended to read as follows:
``(b) Termination of Duty-Free Treatment.--No duty-free treatment
extended to beneficiary countries under this title shall remain in
effect after September 30, 2005.''.
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