HR 3688 · 110th Congress 2007–2009, ended

United States-Peru Trade Promotion Agreement Implementation Act

Latest action · Dec 14, 2007 Became Public Law No: 110-138.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 27, 2007
  2. Passed HouseNov 8, 2007
  3. Passed SenateDec 4, 2007
  4. To the PresidentDec 11, 2007
  5. Became lawDec 14, 2007Public Law 110-138

Summary

(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)

United States-Peru Trade Promotion Agreement Implementation Act - Title I: Approval of, and General Provisions Relating to, the Agreement - (Sec. 101) Approves the United States-Peru Trade Promotion Agreement entered into on April 12, 2006 (and amended on June 24 and June 25, 2007) with the government of Peru and the statement of administrative action proposed to implement the Agreement, both submitted to Congress on September 27, 2007. Provides for the Agreement's entry into force upon certain conditions being met on or after January 1, 2008.

(Sec. 103) Authorizes the President to proclaim actions, and other appropriate officers of the U.S. government to issue regulations, necessary to ensure appropriate implementation of any provision of this Act that takes effect on the date the Agreement enters into force. Declares that proclaimed actions that are not subject to consultation and layover requirements under this Act shall not take effect before the 15th day after the text of the proclamation is published in the Federal Register. Provides that presidential proclamations calling for action under this Act may be proclaimed only if: (1) the President has obtained advice regarding the proposed action from the appropriate advisory committees and the U.S. International Trade Commission (ITC); (2) the President has reported to specified congressional committees with respect to such action; (3) a period of 60 days has expired; and (4) the President has consulted with the appropriate congressional committees during such 60-day period.

(Sec. 105) Authorizes the President to establish or designate within the Department of Commerce an office to provide administrative assistance to dispute settlement panels established under the Agreement. Authorizes appropriations.

(Sec. 106) Authorizes the United States to resolve any claim against it covered by the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in the Agreement.

Title II: Customs Provisions - (Sec. 201) Authorizes the President to proclaim necessary or appropriate modifications or continuation of duty, continuation of duty-free or excise treatment, or additional duties to carry out the Agreement.

Requires the President to terminate the designation of Peru as a beneficiary developing country for purposes of the General System of Preferences program under the Trade Act of 1974 on the date the Agreement enters into force.

Authorizes the President, subject to the consultation and layover requirements of this Act, to deem as necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions provided for by the Agreement such: (1) modifications or continuation of any duty; (2) modifications as the United States may agree to with Peru regarding the staging of any duty treatment specified in the Agreement; (3) continuation of duty-free or excise treatment; or (4) additional duties.

(Sec. 202) Provides for additional duties, under specified conditions, on certain agricultural safeguard goods.

(Sec. 203) Prescribes certain rules of origin with respect to the reduction and elimination of duties imposed by the United States and Peru on certain goods wholly obtained or produced entirely in the territory of the other country. Specifies content requirements allowing certain textile and apparel goods to be considered originating goods. Prescribes a special rule for certain automotive goods.

(Sec. 204) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to prohibit the charge of a fee for certain customs services with respect to originating goods under the Agreement. Prohibits any service exempted from such fees from being funded with money from the Customs User Fee Account.

(Sec. 205) Amends the Tariff Act of 1930 to exempt: (1) an importer from penalties for making an incorrect claim that a good qualifies as an originating good under the Agreement if the importer voluntarily and promptly makes a corrected declaration and pays any duties owing; and (2) an exporter or producer from penalties for making false certifications of origin under the Agreement if such person, promptly after issuing such certification, has reason to believe that it contains or is based on incorrect information, and voluntarily provides a written notice to every recipient of it. Exempts persons from penalties if: (1) the information was correct at the time it was provided in a Peru Trade Promotion Agreement (PTPA) certification of origin but was later rendered incorrect because of a change in circumstances; and (2) the person promptly and voluntarily provides written notice of the change in circumstances to all recipients of such certification.

Provides that, if the U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement of the Department of Homeland Security finds indications of a pattern of conduct by an importer, exporter, or producer of false or unsupported representations that goods qualify under the rules of origin, CBP may suspend preferential tariff treatment under the Agreement for entries of identical goods covered by subsequent representations by the individuals until it determines that the representations conform with such rules.

(Sec. 206) Authorizes the Customs Service to reliquidate an entry and refund any excess duties (including merchandise processing fees) paid on a good qualifying under the rules of origin for which no claim for preferential treatment was made at the time of importation if the importer takes certain actions within one year after such importation.

(Sec. 207) Requires a person who issues a PTPA certification of origin for a good exported from the United States to make, keep for at least five years after such certification is issued, and render for examination and inspection all records and supporting documents related to such certification.

(Sec. 208) Authorizes the President to direct the Secretary of the Treasury, during the period of a verification procedure by the government of Peru, to determine: (1) that an exporter or producer in Peru is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods; or (2) that a claim is accurate that such a good exported or produced by the exporter or producer qualifies as an originating good, or is a good of Peru.

Requires the Secretary to: (1) suspend preferential tariff treatment under the Agreement of any textile or apparel good that a person subject to such verification has produced or exported if the Secretary believes there is insufficient information to sustain a claim for such treatment; (2) deny preferential treatment to such goods if the Secretary decides that a person has provided incorrect information to support a claim for such treatment; (3) detain such goods if the Secretary considers there is insufficient information to determine their country of origin; and (4) deny entry to such goods if the Secretary determines that a person has provided erroneous information of their origin.

Authorizes: (1) the President to deny preferential treatment and entry into the United States to such textile and apparel goods, if the Secretary determines that the information obtained from verification is insufficient to make a determination; and (2) the Secretary to publish the name of any person engaged in circumvention of applicable laws, regulations, or procedures affecting trade in such goods, or who has failed to demonstrate that it produces or is capable of producing them.

Title III: Relief From Imports - Subtitle A: Relief From Imports Benefiting From the Agreement - (Sec. 311) Authorizes an entity (including a trade association, firm, certified or recognized union, or group of workers) to petition the ITC for an adjustment to U.S. obligations under the Agreement. Requires the ITC, upon the filing of a petition, to investigate promptly whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Peruvian article is being imported into the United States in such increased quantities as to be a substantial cause or threat of serious injury to the domestic industry producing an article like, or directly competitive with, the imported article. Exempts from such an investigation any Peruvian articles receiving import relief under the Agreement.

(Sec. 313) Requires the President, after receiving an affirmative injury determination from the ITC, to provide (including the extension) in the aggregate up to four-years of import relief to remedy or prevent such injury and to facilitate efforts of the domestic industry to make a positive adjustment to import competition. Includes among such relief measures: (1) suspension of any further reduction provided by the Agreement in the duty imposed on such article; and (2) an increase in the rate of duty imposed on such article to a level that does not exceed an amount determined according to a specified formula.

(Sec. 314) Prohibits any import relief 10 years after the Agreement enters into force, except for articles whose period for tariff elimination exceeds 10 years.

(Sec. 315) Applies to the four-year import relief provided by the President (see section 313, above) the compensation authority of the Trade Act of 1974 which authorizes the President to grant Peru new concessions as compensation for the imposition of import relief in a bilateral safeguard investigation in order to maintain the general level of reciprocal concessions under the Agreement.

(Sec. 316) Amends the Trade Act of 1974 to apply to ITC investigations conducted under this Act the procedural requirements of the Tariff Act of 1930 concerning release of confidential business information.

Subtitle B: Textile and Apparel Safeguard Measures - (Sec. 321) Authorizes an interested party to request the President to adjust U.S. obligations under the Agreement. Requires the President, pursuant to such a request, to determine whether, as a result of the elimination of a duty under the Agreement, a Peruvian textile or apparel article is being imported into the United States in such increased quantities as to constitute a substantial cause or threat of serious damage to a domestic industry producing an article like, or directly competitive with, the imported article.

(Sec. 322) Authorizes the President, if an affirmative serious damage determination is made, to provide certain import relief to remedy or prevent the damage and to facilitate adjustment by the domestic industry, including to increase the rate of duty imposed on the article to a level that does not exceed an amount determined according to a specified formula.

(Sec. 323) Limits such relief (including the extension) in the aggregate to three years.

(Sec. 326) Prohibits any import relief under this subtitle with respect to any article five years after the Agreement enters into force.

(Sec. 327) Applies to any import relief provided by the President under this subtitle the compensation authority of the Trade Act of 1974, which authorizes the President to grant Peru new concessions as compensation for the imposition of import relief in a textile and apparel safeguard proceeding, in order to maintain the general level of reciprocal concessions under the Agreement.

(Sec. 328) Prohibits the President from releasing confidential business information received in connection with an investigation or determination under this subtitle unless the submitting party had notice, at the time of submission, that such information would be released, or the party subsequently consents to such release. Requires any party submitting such confidential business information also to provide a nonconfidential version of the information, in which the confidential business information is summarized or, if necessary, deleted.

Subtitle C: Cases Under Title II of the Trade Act of 1974 - (Sec. 331) Requires the ITC, whenever it makes an affirmative determination that an imported article constitutes a substantial cause or threat of serious injury to a domestic industry producing an article like or directly competitive with it, also to find (and report to the President) whether imports from Peru that qualify as originating goods are a substantial cause or threat of serious injury to such industry. Authorizes the President to exclude goods of Peru from any import relief action if they are not a substantial cause or threat of serious injury to the domestic industry.

Title IV: Procurement - (Sec. 401) Amends the Trade Agreements Act of 1979 to make eligible for U.S. government procurement products or services of a foreign country or instrumentality that is a party to the Agreement.

Title V: Trade in Timber Products of Peru - (Sec. 501) Directs the President to establish an Interagency Committee to oversee and obtain verification whether the producer or exporter of Peruvian timber products to the United States has complied with applicable laws of Peru governing the harvest of, and trade in, such products. Authorizes the Committee to direct CBP to take certain action including to detain or deny entry of shipments of Peruvian timber products pending verification.

(Sec. 502) Requires the United States Trade Representative (USTR) to report to Congress on steps taken by the United States and Peru on carrying out the Agreement with respect to trade in timber products of Peru.

Title VI: Offsets - (Sec. 601) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees for the processing of merchandise entered into the United States through December 13, 2014.

(Sec. 602) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase the amount of any corporate estimated tax installment otherwise due by a corporation with assets of not less than $1 billion in July, August, or September 2012 to 115.75% of such amount.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
Senate 413Bill Passed77–18Dec 4, 2007
House 1060Passed285–132Nov 8, 2007

Cosponsors 1

Members who signed on, in the order they did. All signed on Sep 27, 2007.

SeatCosponsorSigned on
R-OHJohn A. BoehnerOriginalSep 27, 2007

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseWays and Means Committee
Referred Sep 27, 2007Markup Oct 31, 2007Reported Nov 5, 2007

Actions 25

Everything that happened, newest first.

  1. Dec 14, 2007Signed by President.
  2. Dec 14, 2007Became Public Law No: 110-138.
  3. Dec 11, 2007Presented to President.
  4. Dec 4, 2007Considered by Senate. (consideration: CR S14716-14719, S14719-14728)
  5. Dec 4, 2007Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 77 - 18. Record Vote Number: 413.

In the Congressional Record 8

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H1132–H1137David Dreier R-CA, Jerry Weller R-IL, Kevin Brady R-TX, Wally Herger R-CA, Xavier Becerra D-CAFeb 27, 2008
House · SenateDebate and remarks H14231, S14779Marcy Kaptur D-OH, Tom Harkin D-IADec 5, 2007
SenateDebate and remarks S14710–S14728Recorded votes S14727enactBarbara Boxer D-CA, Bernard Sanders I-VT, Carl Levin D-MI, Christopher S. Bond R-MO, Chuck Grassley R-IA, Harry Reid D-NV, Herb Kohl D-WI, John F. Kerry D-MA, John McCain R-AZ, Jon Kyl R-AZ, Joseph I. Lieberman I-CT, Ken Salazar D-CO, Maria Cantwell D-WA, Max Baucus D-MT, Mel Martinez R-FL, Mitch McConnell R-KY, Orrin G. Hatch R-UT, Patrick J. Leahy D-VT, Patty Murray D-WA, Pete V. Domenici R-NM, Russell D. Feingold D-WI, Sherrod Brown D-OH, Wayne Allard R-CODec 4, 2007
SenateDebate and remarks S14678, S14680–S14695Bernard Sanders I-VT, Bill Nelson D-FL, Byron L. Dorgan D-ND, Chuck Grassley R-IA, Debbie Stabenow D-MI, Ken Salazar D-CODec 3, 2007
House · SenateDebate and remarks H13302, H13304, H13305–H13311, S14126Recorded votes H13311enactBetty McCollum D-MN, Charles B. Rangel D-NY, David G. Reichert R-WA, Donald A. Manzullo R-IL, Earl Blumenauer D-OR, Ellen O. Tauscher D-CA, Gene Green D-TX, Hilda L. Solis D-CA, James E. Clyburn D-SC, Jerry Weller R-IL, Jim McCrery R-LA, Jim McDermott D-WA, John A. Boehner R-OH, John Conyers, Jr. D-MI, John Lewis D-GA, Michael H. Michaud D-ME, Patrick J. Murphy D-PA, Peter A. DeFazio D-OR, Sander M. Levin D-MI, Sheila Jackson Lee D-TX, Sherrod Brown D-OH, Tom Davis R-VANov 8, 2007
HouseDebate and remarks H13215, H13254–H13263, H13263–H13294Text printed H13254, H13263–H13273Recorded votes H13263Adam Smith D-WA, Adrian Smith R-NE, Allyson Y. Schwartz D-PA, Artur Davis D-AL, Bart Stupak D-MI, Betty Sutton D-OH, Bill Pascrell, Jr. D-NJ, Bob Etheridge D-NC, Brad Sherman D-CA, Carol Shea-Porter D-NH, Carolyn B. Maloney D-NY, Charles B. Rangel D-NY, Dale E. Kildee D-MI, David Dreier R-CA, David Wu D-OR, Dennis J. Kucinich D-OH, Doc Hastings R-WA, Doris O. Matsui D-CA, Duncan Hunter R-CA, Earl Blumenauer D-OR, Earl Pomeroy D-ND, Fortney Pete Stark D-CA, Henry A. Waxman D-CA, Henry Cuellar D-TX, Ike Skelton D-MO, Ileana Ros-Lehtinen R-FL, James P. Moran D-VA, Jane Harman D-CA, Jeb Hensarling R-TX, Jeff Flake R-AZ, Jerry Weller R-IL, Jim Matheson D-UT, Jim McCrery R-LA, Jim Ramstad R-MN, Joe Baca D-CA, John Kline R-MN, John S. Tanner D-TN, Joseph Crowley D-NY, Keith Ellison D-MN, Ken Calvert R-CA, Kevin Brady R-TX, Lincoln Diaz-Balart R-FL, Linda T. Sánchez D-CA, Lloyd Doggett D-TX, Marcy Kaptur D-OH, Mario Diaz-Balart R-FL, Mark Udall D-CO, Melissa L. Bean D-IL, Michael H. Michaud D-ME, Nancy Pelosi D-CA, Paul D. Ryan R-WI, Peter A. DeFazio D-OR, Phil English R-PA, Phil Hare D-IL, Rahm Emanuel D-IL, Richard E. Neal D-MA, Robin Hayes R-NC, Rodney P. Frelinghuysen R-NJ, Ron Kind D-WI, Roy Blunt R-MO, Sander M. Levin D-MI, Stephanie Tubbs Jones D-OH, Stephen F. Lynch D-MA, Wally Herger R-CA, Walter B. Jones R-NC, Xavier Becerra D-CANov 7, 2007
HouseDebate and remarks H12741Jerry Weller R-ILNov 6, 2007
HouseDebate and remarks H12432Steny H. Hoyer D-MDNov 1, 2007

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 4

  1. Dec 21, 2007H.R. 3688, United States-Peru Trade Promotion Agreement Implementation Act<p>Direct spending and revenues effects estimate for the bill as cleared by the Congress on December 4, 2007, and signed by the President on December 14, 2007</p>
  2. Dec 21, 2007H.R. 3688, United States-Peru Trade Promotion Agreement Implementation ActDirect spending and revenues effects estimate for the bill as cleared by the Congress on December 4, 2007, and signed by the President on December 14, 2007
  3. Nov 2, 2007H.R. 3688, United States-Peru Trade Promotion Agreement Implementation Act
  4. Nov 2, 2007H.R. 3688, United States-Peru Trade Promotion Agreement Implementation Act

CRS reports 11

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 11

Products on other subjects that cite it, usually among other measures.

Related bills 2

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To implement the United States-Peru Trade Promotion Agreement.
Short Titles as Introduced
United States-Peru Trade Promotion Agreement Implementation Act
Short Titles as Passed Senate
United States-Peru Trade Promotion Agreement Implementation Act
Short Titles as Enacted
United States-Peru Trade Promotion Agreement Implementation Act

Subjects

Assigned by the Library of Congress. Policy area: Foreign Trade and International Finance.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Nov 13, 2007Placed on Calendar Senate
  3. Nov 8, 2007Engrossed in House
  4. Nov 5, 2007Reported in House
  5. Sep 27, 2007Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.