Details of the Senate-Passed Miscellaneous Trade and Technical Corrections Act
On March 4, 2004, the Senate passed its version of H.R. 1047, the "Miscellaneous Trade and Technical Corrections Act of 2003."
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As the House and Senate have passed different versions of H.R. 1047, the next step is expected to be a House-Senate conference to resolve differences between the two versions of the bill. If the conference version of the bill is passed by both the House and Senate, it would then be sent to the President for enactment.
This is Part II of a multi-part series of summaries on the Senate-passed version of H.R. 1047 and focuses on retroactive duty- and quota-free treatment for certain U.S.-Caribbean Basin Trade Partnership Act (CBTPA) and African Growth and Opportunity Act (AGOA) apparel entries and a new country of origin labeling provision for socks. See future issues for additional summaries.
Highlights of Senate-Passed Version of H.R. 1047
Retroactive Duty- and Quota-Free Treatment for Certain CBTPA and AGOA Apparel Entries
The Senate version of H.R. 1047 contains a provision that would require U.S. Customs and Border Protection (CBP) to liquidate or reliquidate as duty- and quota-free entries made on or after October 1, 2002 (the implementation date of the U.S. Caribbean Basin Trade Partnership Act (CBTPA) and the African Growth and Opportunity Act (AGOA)) for:
Certain CBTPA apparel except socks. Apparel articles, except socks provided for in HTS 6111 and HTS 6115, that meet the requirements of CBTPA for duty- and quota-free preferential treatment; and
(Such apparel articles include those knit-to-shape and hybrid, that meet the requirements of 19 USC 2703(b)(2)(A), as amended by the Trade Act of 2002 and the technical amendments section of H.R. 1047)
AGOA apparel. Apparel articles that meet the requirements of AGOA for duty- and quota-free preferential treatment.
(Such apparel articles include those knit-to-shape and hybrid, that meet the requirements of 19 USC 3721(b), as amended by the Trade Act of 2002 and the technical amendments section of H.R. 1047)
According to H.R. 1047, liquidation or reliquidation would be made with respect to an entry only if a request is filed with CBP within 90 days after the date of enactment of H.R. 1047 and the request contains sufficient information to enable CBP to locate the entry or reconstruct the entry if it cannot be located. H.R. 1047 further states that any amounts owed by the U.S. pursuant to this liquidation or reliquidation would be paid not later than 180 days after the date of such liquidation or reliquidation.
New Country of Origin Labeling Requirement for Socks
H.R. 1047 would amend 15 U.S.C. 70b (section 4(b) of the Textile Fiber Identification Act) by adding a new requirement which would state that notwithstanding any other provision of law, socks provided for in HTS 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 as in effect on September 1, 2003, must be marked as legibly, indelibly, and permanently as the nature of the article or package will permit in such a manner as to indicate to the ultimate consumer in the U.S. the English name of the country of origin of the article.
This new marking would be on the front of the package, adjacent to the size designation of the product, and would be set forth in such a manner as to be clearly legible, conspicuous, and readily accessible to the ultimate consumer.
Packages that contain several different types of goods and include socks are exempt. According to H.R. 1047, any package that contains several different types of goods and includes socks classified under HTS 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50, as in effect on September 1, 2003, would not be subject to the new labeling requirements outlined above.
H.R. 1047 states that this new labeling requirement would take effect on the date that is 15 months after the date of enactment of H.R. 1047, and on and after the date that is 15 months after such date of enactment, any provision of 16 CFR Part 303 that is inconsistent with such requirement shall not apply. (16 CFR Part 303 contains the rules and regulations under the Textile Fiber Products Identification Act.)
(See ITT's Online Archives or 03/11/04 news, 04031105, for Part I of this series of summaries on the Senate-passed version of H.R. 1047.)
H.R. 1047 as passed by the Senate available at
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h1047eas.txt.pdf.
Senate Finance Committee Chairman's press release (dated 03/04/04) available at