H.R. 4211House109th Congress (2005-2007)In Committee

Haiti Economic Recovery Opportunity Act

Introduced November 2, 2005

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

November 2, 2005

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HouseIntro Referral

Introduced in House

November 2, 2005

HouseIntro Referral

Referred to the House Committee on Ways and Means.

November 2, 2005

Floor Debate

14 members

What members said about H.R. 4211 on the floor

5 Republicans9 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 8, 2006

Mr. Speaker, despite my reservations regarding the lack of deliberation and transparency in how this bill has come to the floor, I nevertheless rise in support of H.R. 6406, however, I believe there…

Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Dec 8, 2006

Mr. Speaker, I reluctantly rise in opposition to this omnibus trade bill, which includes a provision to grant permanent normal trade relations for the government of Vietnam. While I support this…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Dec 8, 2006

Mr. Speaker, I support H.R. 6406 and the various trade bills it includes. Unfortunately, I cannot be present to vote in favor of it because of a prior engagement in my district. However, this…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Dec 8, 2006

Mr. Speaker, I am disappointed to have to speak against this trade proposal today. I am from one of the most trade dependent states in the country and I have always supported the expansion of trade…

Mike Thompson
Rep. Mike ThompsonD-CA-1 · Dec 8, 2006

Mr. Speaker, as a combat Vietnam veteran, I have a strong personal understanding of why granting Permanent Normal Trade Relations status to Vietnam is so important for both our country and theirs.…

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Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Dec 8, 2006

Thank you very much, Mr. Speaker. Mr. Speaker, I rise tonight to salute Dennis Hastert, Speaker Dennis Hastert, the longest serving Republican Speaker in history. And long may that record stand. This…

Mark Udall
Rep. Mark UdallD-CO-2 · Dec 8, 2006

Mr. Speaker, I rise in support of H.R. 6406, the Omnibus Trade Act. Overall I believe the bill provides many important benefits for consumers and businesses in the United States. While Vietnam has…

Kendrick B. Meek
Rep. Kendrick B. MeekD-FL-17 · Dec 8, 2006

Mr. Speaker, I rise today in support of H.R. 6406, a comprehensive trade package that has great potential to create tens of thousands of new jobs in the Haitian textile industry. While the provisions…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-16 · Dec 8, 2006

Mr. Speaker, unfortunately the Republican Chairman of the Ways and Means Committee introduced a 259- page trade bill that was delivered too late for most of us to really study. Many of us have not…

Linda T. Sánchez
Rep. Linda T. SánchezD-CA-39 · Dec 8, 2006

Mr. Speaker, today, I am voting in opposition to H.R. 6406. This legislation addresses multiple trade issues which will have an important impact on the rights of workers. I strongly support extending…

Loretta Sanchez
Rep. Loretta SanchezD-CA-47 · Dec 8, 2006

Mr. Speaker, I rise today in opposition to this bill which includes establishing permanent normal trade relations with Vietnam. I have serious concerns about establishing PNTR with Vietnam without…

Mario Diaz-Balart
Rep. Mario Diaz-BalartR-FL-25 · Dec 8, 2006

Mr. Speaker, I strongly support free trade with free nations. I can not in good conscience support free trade with a totalitarian regime like Vietnam which imprisons political dissidents, suppresses…

Walter B. Jones
Rep. Walter B. JonesR-NC-3 · Dec 8, 2006

Mr. Speaker, due to a preexisting commitment with constituents in my district, I missed two rollcall votes this evening. I ask that the Congressional Record show that had I been present: For rollcall…

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E. Clay Shaw Jr.
Rep. E. Clay Shaw Jr.R-FL-22 · Dec 8, 2006

Mr. Speaker, it is now my privilege to yield the balance of my time to the Speaker of the House, the gentleman from Illinois (Mr. Hastert). Mr. Speaker, I demand a recorded vote.

Bill Text

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Introduced in HouseIssued November 2, 2005

I

109th CONGRESS

1st Session

H. R. 4211

IN THE HOUSE OF REPRESENTATIVES

November 2, 2005

Mr. Meek of Florida introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To expand certain preferential trade treatment for Haiti.

1.

Short title

This Act may be cited as the Haiti Economic Recovery Opportunity Act.

2.

Trade benefits to Haiti

(a)

In General

The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended by inserting after section 213 the following new section:

213A.

Special rule for Haiti

(a)

In General

In addition to any other preferential treatment under this Act, beginning on October 1, 2004, and in each of the 7 succeeding 1-year periods, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements and conditions set forth in subsections (d) and (e).

(b)

Apparel Articles Described

Apparel articles described in this subsection are apparel articles that are wholly assembled or knit-to-shape in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns without regard to the country of origin of the fabrics, components, or yarns.

(c)

Preferential Treatment

The preferential treatment described in subsection (a), shall be extended—

(1)

during the 12-month period beginning on October 1, 2004, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period beginning October 1, 2003; and

(2)

during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of—

(A)

the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and

(B)

the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year.

(d)

Eligibility Requirements

Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti is meeting the conditions of subsection (e) and that Haiti—

(1)

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, political pluralism, and the right to due process, a fair trial, and equal protection under the law;

(C)

the elimination of barriers to United States trade and investment, including by—

(i)

the provision of national treatment and measures to create an environment conducive to domestic and foreign investment;

(ii)

the protection of intellectual property; and

(iii)

the resolution of bilateral trade and investment disputes;

(D)

economic policies to 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 microcredit or other programs;

(E)

a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and

(F)

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 with respect to minimum wages, hours of work, and occupational safety and health;

(2)

does not engage in activities that undermine United States national security or foreign policy interests; and

(3)

does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities.

(e)

Conditions Regarding Enforcement of Circumvention

(1)

In general

The preferential treatment under subsection (b) shall not apply unless the President certifies to Congress that Haiti is meeting the following conditions:

(A)

Haiti has adopted an effective visa system, domestic laws, and enforcement procedures applicable to articles described in subsection (b) to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States.

(B)

Haiti has enacted legislation or promulgated regulations that would permit the Bureau of Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country.

(C)

Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, on the total exports from and imports into that country of articles described in subsection (b), consistent with the manner in which the records are kept by Haiti.

(D)

Haiti agrees to cooperate fully with the United States to address and take action necessary to prevent circumvention.

(E)

Haiti agrees to require all producers and exporters of articles described in subsection (b) in that country to maintain complete records of the production and the export of the articles, including materials used in the production, for at least 2 years after the production or export (as the case may be).

(F)

Haiti agrees to report, on a timely basis, at the request of the Bureau of Customs and Border Protection, documentation establishing the country of origin of articles described in subsection (b) as used by that country in implementing an effective visa system.

(2)

Definitions

In this subsection:

(A)

Circumvention

The term circumvention means any action involving the provision of a false declaration or false information for the purpose of, or with the effect of, violating or evading existing customs, country of origin labeling, or trade laws of the United States or Haiti relating to imports of textile and apparel goods, if such action results—

(i)

in the avoidance of tariffs, quotas, embargoes, prohibitions, restrictions, trade remedies, including antidumping or countervailing duties, or safeguard measures; or

(ii)

in obtaining preferential tariff treatment.

(B)

Transshipment

The term transshipment has the meaning given such term under section 213(b)(2)(D)(iii).

.

(b)

Effective Date

(1)

In general

The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2004.

(2)

Retroactive application to certain entries

Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the United States Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)—

(A)

that was made on or after October 1, 2004, and before the date of the enactment of this Act, and

(B)

with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.