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Calendar No. 214
106th CONGRESS
1st Session
S. 1389
_______________________________________________________________________
A BILL
To provide additional trade benefits to certain beneficiary countries
in the Caribbean.
_______________________________________________________________________
July 16, 1999
Read twice and placed on the calendar
Calendar No. 214
106th CONGRESS
1st Session
S. 1389
To provide additional trade benefits to certain beneficiary countries
in the Caribbean.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 1999
Mr. Roth, from the Committee on Finance, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To provide additional trade benefits to certain beneficiary countries
in the Caribbean.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
Caribbean Basin Trade Enhancement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and policy.
Sec. 3. Definitions.
TITLE I--TRADE BENEFITS FOR CARIBBEAN BASIN COUNTRIES
Sec. 101. Temporary provisions to provide additional trade benefits to
certain beneficiary countries.
Sec. 102. Adequate and effective protection for intellectual property
rights.
TITLE II--REVENUE PROVISIONS
Sec. 201. Suspension of limitation on cover over of tax on distilled
spirits.
Sec. 202. Modification of installment method and repeal of installment
method for accrual method taxpayers.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--Congress makes the following findings:
(1) The Caribbean Basin Economic Recovery Act (referred to
in this Act 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) Thirty-four democratically elected leaders agreed at
the 1994 Summit of the Americas to conclude negotiation of a
Free Trade Area of the Americas (referred to in this Act as
``FTAA'') by the year 2005.
(3) The economic security of the countries in the Caribbean
Basin will be enhanced by the completion of the FTAA.
(4) Offering temporary benefits to Caribbean Basin
countries will enhance trade between the United States and the
Caribbean Basin, encourage development of trade and investment
policies that will facilitate participation of Caribbean Basin
countries in the FTAA, preserve the United States commitment to
Caribbean Basin beneficiary countries, help further economic
development in the Caribbean Basin region, and accelerate the
trend toward more open economies in the region.
(5) Promotion of the growth of free enterprise and economic
opportunity in the Caribbean Basin will enhance the national
security interests of the United States.
(6) Increased trade and economic activity between the
United States and Caribbean Basin beneficiary countries will
create expanding export opportunities for United States
businesses and workers.
(b) Policy.--It is the policy of the United States to--
(1) offer Caribbean Basin beneficiary countries willing to
prepare to become a party to the FTAA or a comparable 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) seek the participation of Caribbean Basin beneficiary
countries in the FTAA or a trade agreement comparable to the
FTAA at the earliest possible date, with the goal of achieving
full participation in such agreement not later than 2005.
SEC. 3. DEFINITIONS.
In this Act:
(1) Beneficiary country.--The term ``beneficiary country''
has the meaning given the term in section 212(a)(1)(A) of the
Caribbean Basin Economic Recovery Act (19 U.S.C.
2702(a)(1)(A)).
(2) CBTEA.--The term ``CBTEA'' means the United States-
Caribbean Basin Trade Enhancement Act.
(3) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement entered into between the United States,
Mexico, and Canada on December 17, 1992.
(4) NAFTA country.--The term ``NAFTA country'' means any
country with respect to which the NAFTA is in force.
(5) 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).
TITLE I--TRADE BENEFITS FOR CARIBBEAN BASIN COUNTRIES
SEC. 101. 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,
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; or
``(F) articles to which reduced rates of duty apply
under subsection (h).
``(2) Transition period treatment of certain textile and
apparel articles.--
``(A) Products covered.--During the transition
period, the preferential treatment described in
subparagraph (B) shall apply to the following products:
``(i) Apparel articles assembled in a cbtea
beneficiary country.--Apparel articles
assembled in a CBTEA beneficiary country 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 subjected to stone-
washing, enzyme-washing, acid washing,
perma-pressing, oven-baking, bleaching,
garment-dyeing, or other similar
processes.
``(ii) Apparel articles cut and assembled
in a cbtea beneficiary country.--Apparel
articles cut in a CBTEA beneficiary country
from fabric wholly formed in the United States
from yarns wholly formed in the United States,
if such articles are assembled in such country
with thread formed in the United States.
``(iii) Handloomed, handmade, and folklore
articles.--A handloomed, handmade, or folklore
article of a CBTEA beneficiary country
identified under subparagraph (C) that is
certified as such by the competent authority of
such beneficiary country.
``(iv) Textile luggage.--Textile luggage--
``(I) assembled in a CBTEA
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 CBTEA beneficiary country from fabric
wholly formed in the United States from
yarns wholly formed in the United
States, if such luggage is assembled in
such country with thread formed in the
United States.
``(B) Preferential treatment.--Except as provided
in subparagraph (E), during the transition period, the
articles described in subparagraph (A) shall enter the
United States free of duty and free of any quantitative
limitations.
``(C) Handloomed, handmade, and folklore articles
defined.--For purposes of subparagraph (A)(iii), the
President, after consultation with the CBTEA
beneficiary country concerned, shall determine which,
if any, particular textile and apparel goods of the
country shall be treated as being handloomed, handmade,
or folklore goods of a kind described in section 2.3
(a), (b), or (c) 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 products from a CBTEA 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 CBTEA
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.
``(iii) Transshipment described.--
Transshipment within the meaning of this
subparagraph has occurred when preferential
treatment for a textile or apparel article
under subparagraph (B) has been claimed 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
CBTEA 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
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