"(D) WTO.-The term 'WTO' has the meaning given that term in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). "(E) ATPDEA.-The term 'ATPDEA' means the Andean Trade Promotion and Drug Eradication Act. "(F) FTAA.-The term 'FTAA' means the Free Trade Area for the Americas.". (b) DETERMINATION REGARDING RETENTION OF DESIGNATION.— Section 203(e)(1) of the Andean Trade Preference Act (19 U.S.C. 3202(e)(1)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting "(A)" after "(1)"; and (3) 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 ATPDEA beneficiary country, or "(ii) withdraw, suspend, or limit the application of preferential treatment under section 204(b)(1), (3), or (4) 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)(6)(B).". (c) CONFORMING AMENDMENTS.—(1) Section 202 of the Andean Trade Preference Act (19 U.S.C. 3201) is amended by inserting "(or other preferential treatment)" after "treatment". (2) Section 204(a) of the Andean Trade Preference Act (19 U.S.C. 3203(a)) is amended (A) in paragraph (1)— (i) by inserting "(or otherwise provided for)" after “eligibility"; and (ii) by inserting "(or preferential treatment)" after "duty-free treatment"; and (B) in paragraph (2), by striking "subsection (a)" and inserting "paragraph (1)”. (d) PETITIONS FOR REVIEW.— (1) IN GENERAL.-Not later than 180 days after the date of the enactment of this Act, the President shall promulgate regulations regarding the review of eligibility of articles and countries under the Andean Trade Preference Act, consistent with section 203(e) of such Act, as amended by this title. (2) CONTENT OF REGULATIONS.-The regulations shall be similar to the regulations regarding eligibility under the generalized system of preferences under title V of the Trade Act of 1974 with respect to the timetable for reviews and content, and shall include procedures for requesting withdrawal, suspension, or limitations of preferential duty treatment under the Andean Trade Preference Act, conducting reviews of such requests, and implementing the results of the reviews. (e) 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. Deadline. Federal Register, publication. 19 USC 3206 note. "(1) IN GENERAL.-Not later than April 30, 2003, and every 2 years thereafter during the period this title is in effect, the United States Trade Representative shall submit to the Congress a report regarding the operation of this title, including "(A) with respect to subsections (c) and (d), 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)(6)(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)(6)(B).". SEC. 3104. TERMINATION. (a) IN GENERAL.-Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is amended to read as follows: "SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT. "No duty-free treatment or other preferential treatment extended to beneficiary countries under this title shall remain in effect after December 31, 2006.". (b) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS. (1) IN GENERAL.-Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, and subject to paragraph (3), the entry— (A) of any article to which duty-free treatment (or preferential treatment) under the Andean Trade Preference Act (19 U.S.C. 3201 et seq.) would have applied if the entry had been made on December 4, 2001, and (B) that was made after December 4, 2001, and before the date of the enactment of this Act, shall be liquidated or reliquidated as if such duty-free treatment (or preferential treatment) applied, and the Secretary of the Treasury shall refund any duty paid with respect to such entry. (2) ENTRY.-As used in this subsection, the term "entry" includes a withdrawal from warehouse for consumption. (3) REQUESTS.-Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act, that contains sufficient information to enable the Customs Service (A) to locate the entry; or (B) to reconstruct the entry if it cannot be located. SEC. 3105. REPORT ON FREE TRADE AGREEMENT WITH ISRAEL. (a) REPORT TO CONGRESS.-The United States Trade Representative shall review the implementation of the United States-Israel Free Trade Agreement and shall submit to the Speaker of the House of Representatives, the President of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the results of such review. (b) CONTENTS OF REPORT.-The report under subsection (a) shall include the following: (1) A review of the terms of the United States-Israel Free Trade Agreement, particularly the terms with respect to market access commitments. (2) A review of subsequent agreements which may have been reached between the parties to the Agreement and of unilateral concessions of additional benefits received by each party from the other. (3) A review of any current negotiations between the parties to the Agreement with respect to implementation of the Agreement and other pertinent matters. (4) An assessment of the degree of fulfillment of obligations under the Agreement by the United States and Israel. (5) An assessment of improvements in structuring future trade agreements that should be considered based on the experience of the United States under the Agreement. (c) TIMING OF REPORT.-The United States Trade Representative shall submit the report under subsection (a) not later than 6 months after the date of the enactment of this Act. (d)_DEFINITION.-In this section, the terms "United StatesIsrael Free Trade Agreement" and "Agreement" means the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel entered into on April 22, 1985. SEC. 3106. MODIFICATION OF DUTY TREATMENT FOR TUNA. Subheading 1604.14.20 of the Harmonized Tariff Schedule of the United States is amended (1) in the article description, by striking "20 percent of the United States pack of canned tuna" and inserting "4.8 percent of apparent United States consumption of tuna in airtight containers"; and (2) by redesignating such subheading as subheading 1604.14.22. SEC. 3107. TRADE BENEFITS UNDER THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT. (a) IN GENERAL.-Section 213(b)(2)(A) of the Carribean Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)) is amended as follows: (1) Clause (i) is amended— (A) by striking the matter preceding subclause (I) and inserting the following: "(i) APPAREL ARTICLES ASSEMBLED IN ONE OR MORE CBTPA BENEFICIARY COUNTRIES.—Apparel articles sewn or otherwise assembled in one or more CBTPA beneficiary countries from fabrics wholly formed and cut, or from components knit-to-shape, 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 "; and (B) by adding at the end the following: "Apparel articles entered on or after September 1, 2002, shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles entered on or after September 1, 2002, shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States.". (2) Clause (ii) is amended to read as follows: “(ii) OTHER APPAREL ARTICLES ASSEMBLED IN ONE OR MORE CBTPA BENEFICIARY COUNTRIES.-Apparel articles sewn or otherwise assembled in one or more CBTPA beneficiary countries with thread formed in the United States from fabrics wholly formed in the United States and cut in one or more CBTPA beneficiary countries from yarns wholly formed in the United States, or from components knit-to-shape in the United States from yarns wholly formed in the United States, or both (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). Apparel articles entered on or after September 1, 2002, shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles entered on or after September 1, 2002, shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States.". (3) Clause (iii)(II) is amended to read as follows: "(II) The amount referred to in subclause (I) is as follows: "(aa) 500,000,000 square meter equivalents during the 1-year period beginning on October 1, 2002. "(bb) 850,000,000 square meter equivalents during the 1-year period beginning on October 1, 2003. "(cc) 970,000,000 square meter equivalents in each succeeding 1-year period through September 30, 2008.". (4) Clause (iii)(IV) is amended to read as follows: "(IV) The amount referred to in subclause (III) is as follows: "(aa) 4,872,000 dozen during the 1-year period beginning on October 1, 2001. "(bb) 9,000,000 dozen during the 1-year period beginning on October 1, 2002. "(cc) 10,000,000 dozen during the 1-year period beginning on October 1, 2003. "(dd) 12,000,000 dozen in each succeeding 1year period through September 30, 2008.". (5) Clause (iv) is amended to read as follows: "(I) GENERAL RULE.-Subject to subclause (II), any apparel article classifiable under subheading 6212.10 of the HTS, except for articles entered under clause (i), (ii), (iii), (v), or (vi), if the article is both cut and sewn or otherwise assembled in the United States, or one or more CBTPA beneficiary countries, or both. "(II) LIMITATION.-During the 1-year period beginning on October 1, 2001, and during each of the 6 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 fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the production of all such articles of that producer or entity that are entered and eligible under this clause during the preceding 1-year period is at least 75 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under this clause 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 fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the production of such articles of that producer or entity entered during the preceding 1-year period is at least 85 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under this clause during the preceding 1-year period.". (6) Clause (vii) is amended by adding at the end the following new subclause: “(V) THREAD.—An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the thread used to assemble the article is dyed, printed, or finished in one or more CBTPA beneficiary countries.". (7) Section 213(b)(2)(A) of such Act is further amended by adding at the end the following new clause: 19 USC 2703. |