S. 380 – Reading Mode | Legislate.dev

112th CONGRESS

1st Session

S. 380

IN THE SENATE OF THE UNITED STATES

February 17, 2011

Mr. McCain introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To extend the Andean Trade Preference Act, and for other purposes.

Short title

This Act may be cited as the Andean Trade Preference Extension Act of 2011.

Extension of Andean Trade Preference Act

(a)

Extension

Section 208(a) of the Andean Trade Preference Act (19 U.S.C. 3206(a)) is amended—

(1)

in paragraph (1)(A), by striking February 12, 2011 and inserting November 30, 2012; and

(2)

in paragraph (2), by striking February 12, 2011 and inserting November 30, 2012.

(b)

Treatment of certain apparel articles

Section 204(b)(3) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)) is amended—

(1)

in subparagraph (B)—

(A)

in clause (iii)—

(i)

in subclause (II), by striking 8 succeeding 1-year periods and inserting 10 succeeding 1-year periods; and

(ii)

in subclause (III)(bb), by striking and for the succeeding 3-year period and inserting and for the succeeding 5-year period; and

(B)

in clause (v)(II), by striking 7 succeeding 1-year periods and inserting 9 succeeding 1-year periods; and

(2)

in subparagraph (E)(ii)(II), by striking February 12, 2011 and inserting November 30, 2012.

(c)

Effective date

(1)

In general

The amendments made by this section shall apply to articles entered on or after the 15th day after the date of the enactment of this Act.

(2)

Retroactive application for certain liquidations and reliquidations

(A)

In general

Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article to which duty-free treatment or other preferential treatment under the Andean Trade Preference Act would have applied if the entry had been made on February 12, 2011, that was made—

(i)

after February 12, 2011; and

(ii)

before the 15th day after the date of the enactment of this Act,

shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act.

(B)

Requests

A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection—

(i)

to locate the entry; or

(ii)

to reconstruct the entry if it cannot be located.

(C)

Payment of amounts owed

Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).

(3)

Definition

As used in this subsection, the term entry includes a withdrawal from warehouse for consumption.