Directs the President to provide duty-free treatment for certain tents imported from Afghanistan, Algeria, Azerbaijan, Bahrain, Bangladesh, Egypt, Iraq, Kuwait, Lebanon, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Tunisia, Turkey, the United Arab Emirates, or Yemen (beneficiary countries).
Prohibits a country from being designated, and if designated, requires it to be withdrawn if it is: (1) listed by the U.S. Department of State as a state sponsor of terrorism; or (2) engaged in activities that undermine U.S. national security or foreign policy interests.
Requires the President, after one year and annually thereafter, to review and determine if a basis exists for withdrawal of such duty-free treatment, taking into consideration: (1) whether or not each beneficiary country has established, or is making continual progress toward establishing, a market-based economy, the rule of law and the right to due process, political pluralism, and other specified economic and political goals; (2) the country's record on activities that undermine U.S. national security or foreign policy interests, and support of a peaceful resolution of the Israeli-Palestinian conflict; (3) whether it is a signatory of the United Nations Declaration of Human Rights, does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; (4) the country's participation in the primary, secondary, or tertiary economic boycott of Israel; and (5) whether it otherwise meets specified eligibility criteria of the Trade Act of 1974. Requires the President to terminate the designation of any beneficiary country determined no longer to meet the requirements of this Act.
Authorizes the President to designate the Palestinian Authority or its successor political entity as a beneficiary political entity, which, if so designated, shall be eligible for the duty-free treatment under this Act as if it were a beneficiary country, if the Authority: (1) does not participate in acts of terrorism, takes active measures to combat terrorism, and cooperates fully in international efforts to combat terrorism; (2) does not engage in activities that undermine U.S. national security or foreign policy interests; (3) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; and (4) accepts Israel's right to exist in peace within secure borders. Requires the President to terminate the designation of the Authority if it is determined that the Authority no longer meets such requirements.
Requires the President to notify Congress concerning the withdrawal of a country's or the Authority's designation.
Prescribes the rule of origin for tents imported directly from beneficiary countries. Requires that the sum of the cost or value of the materials produced in one or more beneficiary countries, plus the direct cost of processing operations performed in such beneficiary country or countries, be at least 35 percent of the appraised value of such article at the time it is entered into the U.S. customs territory.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2875 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2875
To extend trade benefits to certain tents imported into the United
States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2004
Mr. Bond introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To extend trade benefits to certain tents imported into the United
States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DUTY FREE TREATMENT FOR TENTS FROM CERTAIN MIDDLE EASTERN
COUNTRIES.
(a) Duty Free Treatment.--Notwithstanding any other provision of
law, the President shall provide duty-free treatment for any eligible
article from a beneficiary country designated under section 2.
(b) Eligible Article.--For purposes of this Act, the term
``eligible article'' means any tent with a sewn in floor and base size
less than 20' by 20' classified under subheading 6306.22.90 of the
Harmonized Tariff Schedule of the United States.
SEC. 2. DESIGNATION OF ELIGIBLE COUNTRIES.
(a) In General.--The President shall, upon the enactment of this
Act designate each country listed in subsection (d) as a beneficiary
country unless, and shall thereafter withdraw such designation from any
such countries if--
(1) the country is listed by the United States Department
of State as a state sponsor of terrorism; or
(2) the country engages in activities that undermine United
States national security or foreign policy interests.
(b) Reviews.--Beginning 1 year after the date of the enactment of
this Act, and annually thereafter, the President shall conduct a review
to determine if a basis exists for withdrawing the designation of a
country as a beneficiary country under this Act. In determining whether
or not to withdraw such designation, the President shall consider--
(1) whether or not the country 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 and the right to due process, a
fair trial, and equal protection under the law;
(C) political pluralism, a climate free of
political intimidation and restrictions on peaceful
political activity, and democratic elections that meet
international standards of fairness, transparency, and
participation;
(D) the elimination of barriers to United States
trade and investment, including by--
(i) providing national treatment and
measures to create an environment conducive to
domestic and foreign investment;
(ii) protecting intellectual property; and
(iii) resolving bilateral trade and
investment disputes;
(E) economic policies that 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 micro-credit
or other programs;
(F) a system to combat corruption and bribery, such
as signing and implementing the OECD Convention on
Combating Bribery of Foreign Public Officials in
International Business Transactions;
(G) 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; and
(H) policies that provide a high level of
environmental protection;
(2) the country's record on activities that undermine
United States national security or foreign policy interests,
and support of a peaceful resolution of the Israeli-Palestinian
conflict;
(3) whether the country is a signatory of the United
Nations Declaration of Human Rights, engages in gross
violations of internationally recognized human rights, and is making
continuing and verifiable progress on the protection of internationally
recognized human rights, including freedom of speech and press, freedom
of peaceful assembly and association, and freedom of religion;
(4) the country's participation in the primary, secondary,
or tertiary economic boycott of Israel; and
(5) whether the country otherwise meets the eligibility
criteria set forth in subsection (b)(2) of section 502 of the
Trade Act of 1974 (19 U.S.C. 2462), other than subparagraph (B)
of such subsection.
(c) Continuing Compliance.--If the President determines under
subsection (b) that a country should no longer be designated as a
beneficiary country, the President shall withdraw such designation.
(d) Countries Eligible for Designation.--The countries referred to
in subsection (a) are the following countries of the greater Middle
East or their successor political entities:
(1) Afghanistan.
(2) Algeria.
(3) Azerbaijan.
(4) Bahrain.
(5) Bangladesh.
(6) Egypt.
(7) Iraq.
(8) Kuwait.
(9) Lebanon.
(10) Morocco.
(11) Oman.
(12) Pakistan.
(13) Qatar.
(14) Saudi Arabia.
(15) Tunisia.
(16) Turkey.
(17) United Arab Emirates.
(18) Yemen.
(e) The Palestinian Authority.--
(1) Designation.--The President is authorized to designate
the Palestinian Authority or its successor political entity as
a beneficiary political entity which, if so designated, shall
be eligible for the duty-free treatment under this Act as if it
were a beneficiary country, if the President determines that
the Palestinian Authority--
(A) does not participate in acts of terrorism,
takes active measures to combat terrorism, and
cooperates fully in international efforts to combat
terrorism;
(B) does not engage in activities that undermine
United States national security or foreign policy
interests;
(C) does not engage in gross violations of
internationally recognized human rights, and is making
continuing and verifiable progress on the protection of
internationally recognized human rights, including
freedom of speech and the press, freedom of peaceful
assembly and association, and freedom of religion; and
(D) accepts Israel's right to exist in peace within
secure borders.
(2) Withdrawal.--The President shall withdraw the
designation of the Palestinian Authority under paragraph (1) at
any time that the President determines that the Palestinian
Authority no longer meets the requirements of paragraph (1).
(f) Notification of Congress.--In any case in which the President
withdraws the designation of a country as a beneficiary country under
subsection (a) or (c), or withdraws the designation of the Palestinian
Authority under subsection (d)(2), the President shall notify the
Congress of such withdrawal and the reasons therefor.
SEC. 3. RULE OF ORIGIN GENERAL RULE.
(a) General Rule.--
(1) Duty-free treatment.--The duty-free treatment provided
under this Act shall apply to any article which is the growth,
product, or manufacture of 1 or more beneficiary countries if--
(A) that article is imported directly from a
beneficiary country into the customs territory of the
United States; and
(B) the sum of--
(i) the cost or value of the materials
produced in 1 or more beneficiary countries,
plus
(ii) the direct cost of processing
operations performed in such beneficiary
country or countries,
is not less than 35 percent of the appraised value of
such article at the time it is entered.
(2) U.S. content.--For purposes of determining the
percentage referred to in paragraph (1)(B), if the cost or
value of materials produced in the customs territory of the
United States is included with respect to an article to which
this paragraph applies, an amount not to exceed 15 percent of
the appraised value of the article at the time it is entered
that is attributed to such United States cost or value may be
applied toward determining the percentage referred to in
paragraph (1)(B).
(b) Definition.--In this section, the term ``entered'' means
entered, or withdrawn from warehouse for consumption, in the customs
territory of the United States.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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