Haiti Economic Lift Program Act of 2010
111th CONGRESS
2d Session
S. 3275
To extend the Caribbean Basin Economic Recovery Act, to provide customs support services to Haiti, and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 28, 2010
Mr. BAUCUS (for himself and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To extend the Caribbean Basin Economic Recovery Act, to provide customs support services to Haiti, and for other purposes.
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Haiti Economic Lift Program Act of 2010'.
SEC. 2. FINDINGS.
- Congress finds the following:
- (1) On January 12, 2010, Haiti was hit by a 7.0 magnitude earthquake, the worst earthquake to affect Haiti in recorded history. Aftershocks from the earthquake, measuring up to 6.0 on the Richter scale, continued for days afterwards.
- (2) The earthquake has devastated Haiti's infrastructure, including homes, offices, factories, roads, ports, communications, and other facilities. The loss of life attributable to the earthquake was massive.
- (3) Even before the earthquake, Haiti was the poorest country in the Western Hemisphere, ranking 149 out of 182 countries according to the United Nation's Human Development Index.
- (4) In recent years, however, the Government and people of Haiti had taken important steps forward to promote economic growth and development, including making strides towards establishing a competitive apparel sector.
- (5) United States trade preference programs, including the Caribbean Basin Economic Recovery Act (as amended by the United States-Caribbean Basin Trade Partnership Act, the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 (`HOPE Act'), and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008 (`HOPE II Act')), which extend duty-free tariff treatment to certain apparel produced in Haiti, have made an important contribution to Haiti's economic development efforts.
- (6) However, the Haitian apparel sector has been hard hit by the January 12, 2010, earthquake. A number of apparel factories based in and around Port-au-Prince have been heavily damaged, including the collapse of one major apparel factory that had employed nearly 4,000 workers.
- (7) The Port-au-Prince seaport that had served the apparel trade has been badly damaged. And extensive damage to roads has made it difficult to transport apparel to the Dominican Republic for shipment from ports in that country.
- (8) According to estimates by the Department of Commerce, imports of apparel articles from Haiti to the United States in 2010 have decreased by 43 percent as compared to the same period in 2009.
- (9) The earthquake has increased significantly the costs and uncertainty of doing business in Haiti. A strong and unequivocal commitment from the United States is needed to help Haiti offset these costs and preserve the gains made under United States trade preference programs, and to encourage buyers and investors to stand with Haiti through this crisis.
SEC. 3. EXTENSION OF CARIBBEAN BASIN ECONOMIC RECOVERY ACT.
- The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended--
- (1) in section 213(b)--
- (A) in paragraph (2)(A)--
- (i) in clause (iii)--
- (I) in subclause (II)(cc), by striking `September 30, 2010' and inserting `September 30, 2020'; and
- (II) in subclause (IV)(dd), by striking `September 30, 2010' and inserting `September 30, 2020'; and
- (ii) in clause (iv)(II), by striking `8' and inserting `18'; and
- (B) in paragraph (5)(D)(i), by striking `September 30, 2010' and inserting `September 30, 2020'; and
- (2) in section 213A(h), by striking `September 30, 2018' and inserting `September 30, 2020'.
SEC. 4. APPAREL AND OTHER ARTICLES SUBJECT TO CERTAIN ASSEMBLY RULES.
- (a) Certain Other Apparel Articles- Section 213A(b)(3) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(3)) is amended by adding at the end the following:
- `(F) CERTAIN OTHER APPAREL ARTICLES-
- `(i) IN GENERAL- Any of the apparel articles described in clause (ii) that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.
- `(ii) ARTICLES DESCRIBED- Apparel articles described in this clause are apparel articles in the following category numbers that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this subparagraph):
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`Category Number HTS Statistical Reporting Number
334 6101.90.9010
6112.11.0010
6103.22.0010
6113.00.9015
335 6104.22.0010
6104.29.2010
6112.11.0020
336 6104.49.9010
338 6103.22.0050
6105.90.8010
6112.11.0030
339 6104.22.0060
6104.29.2049
6106.90.2510
6106.90.3010
6110.20.1031
6110.20.1033
6112.11.0040
342 6104.22.0030
6104.29.2022
6104.52.0010
6104.52.0020
6104.59.8010
350 6107.91.0040
6107.91.0090
351 6107.21.0010
6107.21.0020
6107.91.0030
6108.31.0010
6108.31.0020
433 6103.23.0007
6103.29.0520
6103.31.0000
6103.33.1000
6103.39.8020
434 6101.30.1500
6101.90.0500
6101.90.9020
6103.23.0005
6103.29.0510
435 6102.30.1000
6102.90.9010
6104.23.0010
6104.29.0510
6104.29.2012
6104.33.1000
6104.39.2020
438 6103.23.0025
6103.29.0550
6104.23.0020
6104.29.0560
6104.29.2051
6105.90.1000
6105.90.8020
6106.20.1020
6106.90.1010
6106.90.1020
6106.90.2520
6106.90.3020
6110.11.0070
6110.12.2070
6110.12.2080
6110.19.0070
6110.19.0080
6110.30.1550
6110.30.1560
633 6103.23.0037
6103.29.1015
6103.33.2000
6103.39.1000
6103.39.8030
634 6101.30.1000
6101.90.9030
6103.23.0036
6103.29.1010
6112.12.0010
6112.19.1010
6112.20.1010
6112.20.1030
6113.00.9025
635 6102.30.0500
6102.90.9015
6104.23.0026
6104.29.1010
6104.29.2014
6104.39.2030
6112.12.0020
6112.19.1020
6112.20.1020
6112.20.1040
6113.00.9030
636 6104.49.9030
6104.44.2020
638 6103.23.0075
6103.29.1050
6105.90.8030
6110.30.1050
6110.30.2051
6110.30.2053
6112.12.0030
6112.19.1030
639 6104.23.0036
6104.29.1050
6104.29.2055
6106.90.2530
6106.90.3030
6110.30.1060
6110.30.2061
6110.30.2063
6112.12.0040
6112.19.1040
651 6107.22.0010
6107.22.0015
6107.22.0025
6107.99.1030
6108.32.0015
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- `(iii) CATEGORY DEFINED- In this subparagraph, the term `category' has the meaning given that term in paragraph (2A)(E) of this subsection.'.
- (b) Made-Up Textile Articles- Section 213A(b)(3) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(3)), as amended by subsection (a), is further amended by adding at the end the following:
- `(G) MADE-UP TEXTILE ARTICLES-
- `(i) IN GENERAL- Any of the made-up textile articles described in clauses (ii) and (iii) that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.
- `(ii) ARTICLES DESCRIBED- Made-up textile articles described in this clause are articles in the following category numbers that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this subparagraph):
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`Category Number HTS Statistical Reporting Number
362 6304.11.1000
6304.19.0500
6304.19.1000
9404.90.8020
9404.90.8505
363 6302.60.0020
6302.91.0015
6302.91.0035
6302.91.0045
6307.90.8940
369 6304.91.0020
6304.92.0000
6302.60.0010
6302.60.0030
6302.91.0005
6302.91.0050
6307.90.8910
6307.90.8945
5601.21.0090
5701.90.2020
5702.39.2010
5702.50.5600
5702.99.0500
5702.99.1500
5705.00.2020
5807.10.0510
5807.90.0510
6307.90.3010
6301.30.0010
6305.20.0000
6307.10.1020
6307.10.1090
6406.10.7700
9404.90.1000
9404.90.9505
396 5601.10.1000
465 5701.10.9000
5702.50.2000
5702.50.4000
5702.91.3000
5702.91.4000
5703.10.2000
5703.10.8000
5704.10.0010
5705.00.2005
5705.00.2015
469 6304.19.3040
6304.91.0050
6304.99.1500
6304.99.6010
5601.29.0020
6302.39.0010
489 6406.10.9020
665 5702.31.1000
5702.31.2000
5701.90.1030
5701.90.2030
5702.32.1000
5702.32.2000
5702.42.2090
5702.50.5200
5702.92.1000
5702.92.9000
5703.20.1000
5703.30.2000
5703.30.8030
5703.30.8080
5704.10.0090
5705.00.2030
666 6304.11.2000
6304.91.0040
6304.93.0000
6304.99.6020
9404.90.8522
6301.30.0020
6301.40.0010
6301.40.0020
6301.90.0010
669 5601.10.2000
5601.22.0090
5807.10.0520
5807.90.0520
6307.90.3020
6305.32.0010
6305.32.0020
6305.32.0010
6305.32.0050
6305.32.0060
6305.39.0000
6406.10.9040
6308.00.0020
899 6304.11.3000
6304.19.3060
6304.91.0070
6304.99.3500
6304.99.6040
9404.90.8536
5601.29.0090
6301.90.0030
6305.90.0000
6406.10.9060
900 5601.29.0010
5701.90.2010
6301.90.0020
5701.90.2010
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- `(iii) OTHER ARTICLES DESCRIBED- Made-up textile articles described in this clause are articles that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this subparagraph):
- `(I) 5703.20.2000.
- `(II) 6406.10.9090.
- `(III) 9404.90.8523.
- `(iv) CATEGORY DEFINED- In this subparagraph, the term `category' has the meaning given that term in paragraph (2A)(E) of this subsection.'.
SEC. 5. MODIFICATION OF TARIFF PREFERENCE LEVELS; VERIFICATION WITH RESPECT TO TRANSSHIPMENT FOR CERTAIN APPAREL ARTICLES.
- Section 213A(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)) is amended--
- (1) in paragraph (2)--
- (A) in subparagraph (A)(ii)--
- (i) by striking `The preferential treatment' and inserting `Except as provided in paragraph (2A), the preferential treatment'; and
- (ii) by striking `9' and inserting `11'; and
- (B) in subparagraph (B)(iii)--
- (i) by striking `The preferential treatment' and inserting `Except as provided in paragraph (2A), the preferential treatment'; and
- (ii) by striking `9' and inserting `11'; and
- (2) by inserting after paragraph (2) the following:
- `(2A) SPECIAL RULE FOR CERTAIN WOVEN ARTICLES AND CERTAIN KNIT ARTICLES ENTERED DURING FISCAL YEAR 2010 AND SUCCEEDING 1-YEAR PERIODS-
- `(A) IN GENERAL- Except as provided in subparagraphs (B) and (C) and subject to subparagraph (D), if 52,000,000 square meter equivalents of apparel articles described in paragraph (2)(A)(i) or (2)(B)(i) enter the United States during the 1-year period beginning October 1, 2009, or any of the succeeding 1-year periods, the President shall extend the preferential treatment described in paragraph (2)(A)(i) or (2)(B)(i) (as the case may be) to not more than 200,000,000 square meter equivalents of apparel articles described in paragraph (2)(A)(i) or (2)(B)(i) (as the case may be) during that 1-year period, and shall publish notice of the extension in the Federal Register.
- `(B) EXCEPTION FOR CERTAIN WOVEN ARTICLES-
- `(i) IN GENERAL- In the case of apparel articles described in clause (ii), subparagraph (A) shall be applied by substituting `70,000,000' for `200,000,000'.
- `(ii) APPAREL ARTICLES DESCRIBED- Apparel articles described in this clause are apparel articles described in paragraph (2)(A)(i) that are the following:
- `(I) CATEGORY 347- Apparel articles in category 347 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph):
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`6203.19.1020 6203.42.4011 6203.42.4061
6203.19.9020 6203.42.4016 6203.49.8020
6203.22.3020 6203.42.4026 6210.40.9033
6203.22.3030 6203.42.4036 6211.20.1520
6203.42.4003 6203.42.4046 6211.20.3810
6203.42.4006 6203.42.4051 6211.32.0040
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- `(II) CATEGORY 348- Apparel articles in category 348 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph):
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`6204.12.0030 6204.62.4011 6204.69.9010
6204.19.8030 6204.62.4021 6210.50.9060
6204.22.3040 6204.62.4031 6211.20.1550
6204.22.3050 6204.62.4041 6211.20.6810
6204.29.4034 6204.62.4051 6211.42.0030
6204.62.3000 6204.62.4056 6217.90.9050
6204.62.4003 6204.62.4066
6204.62.4006 6204.69.6010
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- `(III) CATEGORY 647- Apparel articles in category 647 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph):
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`6203.23.0060 6203.43.4020 6203.49.8030
6203.23.0070 6203.43.4030 6210.40.5031
6203.29.2030 6203.43.4040 6210.40.5039
6203.29.2035 6203.49.1500 6211.20.1525
6203.43.2500 6203.49.2015 6211.20.3820
6203.43.3510 6203.49.2030 6211.33.0030
6203.43.3590 6203.49.2045
6203.43.4010 6203.49.2060
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- `(IV) CATEGORY 648- Apparel articles in category 648 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph):
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`6204.23.0040 6204.63.3510 6204.69.6030
6204.23.0045 6204.63.3530 6204.69.9030
6204.29.2020 6204.63.3532 6210.50.5031
6204.29.2025 6204.63.3540 6210.50.5039
6204.29.4038 6204.69.2510 6211.20.1555
6204.63.2000 6204.69.2530 6211.20.6820
6204.63.3010 6204.69.2540 6211.43.0040
6204.63.3090 6204.69.2560 6217.90.9060
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- `(C) EXCEPTION FOR CERTAIN KNIT ARTICLES-
- `(i) IN GENERAL- In the case of apparel articles described in clause (ii), subparagraph (A) shall be applied by substituting `85,000,000' for `200,000,000'.
- `(ii) APPAREL ARTICLES DESCRIBED- Apparel articles described in this clause are apparel articles described in paragraph (2)(B)(i) that fall within the following statistical reporting numbers of the HTS (as in effect on the day before the date of the enactment of this paragraph), other than shirts with plackets and pointed collars:
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`6105.10.0010 6109.10.0040 6110.30.3053
6109.10.0018 6109.10.0045 6110.30.3059
6109.10.0027 6110.20.2079
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- `(D) VERIFICATION WITH RESPECT TO TRANSSHIPMENT FOR CERTAIN APPAREL ARTICLES-
- `(i) IN GENERAL- Not later than April 1, July 1, October 1, and January 1 of each year, the Commissioner responsible for U.S. Customs and Border Protection shall verify that apparel articles imported into the United States under this paragraph are not being unlawfully transshipped (within the meaning of subsection (f)) into the United States.
- `(ii) REPORT TO PRESIDENT- If the Commissioner determines pursuant to clause (i) that apparel articles imported into the United States under this paragraph are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President.
- `(iii) AUTHORITY TO REDUCE QUANTITATIVE LIMITATION- If, in any 1-year period with respect to which the President extends preferential treatment as described in this paragraph, the Commissioner reports to the President pursuant to clause (ii) regarding unlawful transshipments, the President--
- `(I) may modify the quantitative limitation under this paragraph as the President considers appropriate to account for such transshipments; and
- `(II) if the President modifies the limitation under subclause (I), shall publish notice of the modification in the Federal Register.
- `(E) CATEGORY DEFINED- In this paragraph, the term `category' means the number assigned under the U.S. Textile and Apparel Category System of the Office of Textiles and Apparel of the Department of Commerce, as listed in the HTS under the applicable heading or subheading (as in effect on the day before the date of the enactment of this paragraph).'.
SEC. 6. EARNED IMPORT ALLOWANCE RULE.
- Section 213A(b)(4)(B)(ii)(I) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(4)(B)(ii)(I)) is amended by striking `three' and inserting `two'.
SEC. 7. EXTENSION OF VALUE-ADDED RULE.
- Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as amended by this Act, is further amended--
- (1) in subsection (a), by striking paragraph (1) and inserting the following:
- `(1) INITIAL APPLICABLE 1-YEAR PERIOD- The term `initial applicable 1-year period' means the 1-year period beginning on December 20, 2006.'; and
- (2) in subsection (b)(1)--
- (A) in subparagraph (A), by striking `an applicable 1-year period' and inserting `the initial applicable 1-year period and any 1-year period thereafter';
- (B) in subparagraph (B)--
- (i) in clause (i)--
- (I) by striking `any applicable 1-year period' and inserting `the initial applicable 1-year period and any 1-year period thereafter'; and
- (II) by striking `the applicable 1-year period' and inserting `that 1-year period';
- (ii) in clause (iv)(II)--
- (I) in the subclause heading, by striking `APPLICABLE';
- (II) by striking `In each of the second, third, fourth, and fifth applicable 1-year periods' and inserting `In any 1-year period after the initial applicable 1-year period'; and
- (III) by striking `applicable 1-year period' each place it appears and inserting `1-year period';
- (iii) in clause (v)(I)--
- (I) in item (aa), by striking `, the second applicable 1-year period, and the third applicable 1-year period' and inserting `and the succeeding 8 1-year periods';
- (II) in item (bb), by striking `the fourth applicable 1-year period' and inserting `the 1-year period beginning on December 20, 2015, and the 1-year period beginning on December 20, 2016'; and
- (III) in item (cc), by striking `the fifth applicable 1-year period' and inserting `the 1-year period beginning on December 20, 2017'; and
- (iv) in clause (vi)--
- (I) in subclause (II)--
(aa) by striking `any applicable 1-year period' and inserting `the initial applicable 1-year period or any 1-year period thereafter'; and
(bb) by striking `applicable 1-year period' each place it appears and inserting `1-year period'; and
- (II) in subclause (III)--
(aa) in item (aa), by striking `an applicable 1-year period' and inserting `the initial applicable 1-year period or any 1-year period thereafter'; and
(bb) by striking `applicable 1-year period' each place it appears and inserting `1-year period'; and
- (C) in subparagraph (C)--
- (i) by striking `applicable 1-year periods' and inserting `1-year periods';
- (ii) by striking the table and inserting the following:
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the initial applicable 1-year period 1 percent.
each of the succeeding 11 1-year periods 1.25 percent.';
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- and
- (iii) in the flush text, by striking `the last day of the fifth applicable 1-year period' and inserting `December 19, 2018'.
SEC. 8. WIRE HARNESSES.
- Section 213A(c) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703A(c)) is amended by striking `5-year period' and inserting `10-year period'.
SEC. 9. CUSTOMS SUPPORT SERVICES.
- (a) In General-
- (1) RAPID RESPONSE TEAM- The Commissioner responsible for U.S. Customs and Border Protection (in this section referred to as the `Commissioner') shall, in consultation with the United States Coast Guard, the Drug Enforcement Agency, and other Federal agencies, as appropriate, seek to send a rapid response team to Haiti--
- (A) to assess the short-term and long-term technical, capacity-building, and training needs of the authorities of the Government of Haiti responsible for customs services; and
- (B) to provide immediate assistance, as warranted, particularly with respect to--
- (i) reestablishing full capacity for commercial port operations at the seaport at Port-au-Prince;
- (ii) facilitating trade between the United States and Haiti under the Caribbean Basin Economic Recovery Act, as amended by this Act;
- (iii) preventing unlawful transshipment of goods through Haiti to the United States; and
- (iv) otherwise strengthening cooperation between the customs authorities of the United States, Haiti, and the Dominican Republic with respect to trade facilitation and economic development, customs compliance and law enforcement, and efforts to combat unlawful trafficking in narcotic drugs and psychotropic substances.
- (2) REPORT- Not later than 75 days after the date of the enactment of this Act, the Commissioner shall prepare and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a nonconfidential report summarizing the results of the assessment required by paragraph (1)(A), including--
- (A) a description of the short-term and long-term technical, capacity-building, and training needs of the authorities of the Government of Haiti responsible for customs services, including a prioritization of immediate infrastructure needs;
- (B) a multi-year plan for supplying technical, capacity-building, and training assistance to those authorities, including specific responsibilities to be undertaken by the support team authorized by subsection (b); and
- (C) a statement of the amount and purpose for which any funds were expended by the rapid response team in Haiti to administer the provisions of this section, including any expenditure of funds authorized to be appropriated pursuant to subsection (c)(1).
- (b) Support Team-
- (1) IN GENERAL- The Commissioner shall, in consultation with other Federal agencies, as appropriate, seek to establish a support team in Haiti for the purpose of helping to meet the short-term and long-term technical, capacity-building, and training needs of the authorities of the Government of Haiti responsible for customs services, as described in this section.
- (2) TERMINATION- The support team authorized by paragraph (1) shall terminate on September 30, 2020.
- (c) Authorization of Appropriations-
- (1) IN GENERAL- There are authorized to be appropriated to the U.S. Customs and Border Protection Agency, to remain available until expended--
- (A) $100,000 to help meet the immediate infrastructure needs of the authorities of the Government of Haiti responsible for customs services for the purpose of facilitating trade between the United States and Haiti under the Caribbean Basin Economic Recovery Act, as amended by this Act; and
- (B) $750,000 for each of the fiscal years 2011 through 2020 for the purpose of maintaining the support team authorized by subsection (b).
- (2) SUPPLEMENT AND NOT SUPPLANT- The amounts authorized to be appropriated by paragraph (1) shall supplement and not supplant any other funds authorized to be appropriated to the Department of Homeland Security.
SEC. 10. SENSE OF CONGRESS.
- (a) Regional Cooperation- It is the sense of Congress that the United States Trade Representative should seek to enter into consultations with representatives of countries with which the United States has a trading relationship for the purpose of encouraging those countries to establish bilateral trade preference programs with respect to textile and apparel articles produced in Haiti.
- (b) Transshipment- It is the sense of Congress that the Commissioner responsible for U.S. Customs and Border Protection should, in consultation with the United States Trade Representative and the Secretary of Commerce, seek to enter into consultations with representatives of countries with which the United States has a trading relationship for the purpose of preventing the unlawful transshipment of textile and apparel articles from those countries through Haiti.
END