This chapter, referred to in subsec. (b)(1)(D), (2)(A)(iii), (B)(iv), (6), was in the original “this title”, meaning title II of Pub. L. 98–67,
Proclamation 8213 of the President of
The date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, referred to in subsec. (e)(1)(A), (5)(A), is the date of enactment of part I (§§ 15401–15412) of subtitle D of title XV of Pub. L. 110–246, which was approved
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2020—Subsec. (b)(1)(B)(vii)(I)(aa), (5)(A)(i). Pub. L. 116–260 substituted “Annex 4–B of the USMCA” for “Annex 401 of the NAFTA”.
2015—Subsec. (b)(1)(B)(v)(I)(cc). Pub. L. 114–27, § 301(1)(A)(i), amended item (cc) generally. Prior to amendment, item (cc) read as follows: “60 percent or more during the 1-year period beginning on
Subsec. (b)(1)(C). Pub. L. 114–27, § 301(1)(A)(ii), substituted “16 succeeding 1-year periods” for “succeeding 11 1-year periods” in table and “
Subsec. (b)(2)(A)(ii). Pub. L. 114–27, § 301(1)(B)(i), substituted “16 succeeding 1-year periods” for “11 succeeding 1-year periods”.
Subsec. (b)(2)(B)(iii). Pub. L. 114–27, § 301(1)(B)(ii), substituted “16 succeeding 1-year periods” for “11 succeeding 1-year periods”.
Subsec. (h). Pub. L. 114–27, § 301(2), substituted “
2012—Subsec. (b)(4)(C), (D). Pub. L. 112–234, which directed amendment of section 231A(b)(4) of the Caribbean Basin Economic Recovery Act by redesignating subpar. (D) as (C) and striking out former subpar. (C), was executed to this section, which is section 213A of the Caribbean Basin Economic Recovery Act, to reflect the probable intent of Congress. Prior to amendment, text of subpar. (C) read as follows: “The United States Government Accountability Office shall review the program established under subparagraph (B) annually for the purpose of evaluating the effectiveness of, and making recommendations for improvements in, the program.”
2010—Subsec. (a)(1). Pub. L. 111–171, § 7(1), added par. (1) and struck out former par. (1) which defined “applicable 1-year period”, “initial applicable 1-year period”, “second applicable 1-year period”, “third applicable 1-year period”, “fourth applicable 1-year period”, and “fifth applicable 1-year period” in subpars. (A) to (F), respectively.
Subsec. (b)(1)(A). Pub. L. 111–171, § 7(2)(A), substituted “the initial applicable 1-year period and any 1-year period thereafter” for “an applicable 1-year period”.
Subsec. (b)(1)(B)(i). Pub. L. 111–171, § 7(2)(B)(i), in introductory provisions, substituted “the initial applicable 1-year period and any 1-year period thereafter” for “any applicable 1-year period” and “that 1-year period” for “the applicable 1-year period”.
Subsec. (b)(1)(B)(iv)(II). Pub. L. 111–171, § 7(2)(B)(ii), struck out “applicable” after “Other” in heading and substituted “In any 1-year period after the initial applicable 1-year period” for “In each of the second, third, fourth, and fifth applicable 1-year periods” and “during the 1-year period” for “during the applicable 1-year period” in introductory provisions and “preceding 1-year period” for “preceding applicable 1-year period” in concluding provisions.
Subsec. (b)(1)(B)(v)(I)(aa). Pub. L. 111–171, § 7(2)(B)(iii)(I), substituted “and the succeeding 8 1-year periods” for “, the second applicable 1-year period, and the third applicable 1-year period”.
Subsec. (b)(1)(B)(v)(I)(bb). Pub. L. 111–171, § 7(2)(B)(iii)(II), substituted “the 1-year period beginning on
Subsec. (b)(1)(B)(v)(I)(cc). Pub. L. 111–171, § 7(2)(B)(iii)(III), substituted “the 1-year period beginning on
Subsec. (b)(1)(B)(vi)(II). Pub. L. 111–171, § 7(2)(B)(iv)(I), substituted “the initial applicable 1-year period or any 1-year period thereafter” for “any applicable 1-year period” and “succeeding 1-year period” for “succeeding applicable 1-year period” in introductory provisions and “preceding 1-year period” for “preceding applicable 1-year period” in concluding provisions.
Subsec. (b)(1)(B)(vi)(III)(aa). Pub. L. 111–171, § 7(2)(B)(iv)(II)(aa), substituted “the initial applicable 1-year period or any 1-year period thereafter” for “an applicable 1-year period”.
Subsec. (b)(1)(B)(vi)(III)(bb). Pub. L. 111–171, § 7(2)(B)(iv)(II)(bb), substituted “1-year period” for “applicable 1-year period” in item (bb) and subitem (AA).
Subsec. (b)(1)(C). Pub. L. 111–171, § 7(2)(C), substituted “1-year periods” for “applicable 1-year periods” in introductory provisions, added table, struck out former table which designated 1 percent for the initial and 1.25 percent for the second through fifth applicable 1-year periods, and substituted “
Subsec. (b)(2)(A)(ii), (B)(iii). Pub. L. 111–171, § 5(1), substituted “Except as provided in paragraph (2A), the preferential treatment” for “The preferential treatment” and “11” for “9”.
Subsec. (b)(2A). Pub. L. 111–171, § 5(2), added par. (2A).
Subsec. (b)(3)(F). Pub. L. 111–171, § 4(a), added subpar. (F).
Subsec. (b)(3)(G). Pub. L. 111–171, § 4(b), added subpar. (G).
Subsec. (b)(4)(B)(ii)(I). Pub. L. 111–171, § 6, substituted “two” for “three”.
Subsec. (c)(1). Pub. L. 111–171, § 8, substituted “10-year period” for “5-year period” in introductory provisions.
Subsec. (h). Pub. L. 111–171, § 3(2), substituted “
2008—Subsec. (a)(2). Pub. L. 110–246, § 15403(1)(C), added par. (2). Former par. (2) redesignated (4).
Subsec. (a)(3). Pub. L. 110–246, § 15403(1)(C), added par. (3). Former par. (3) redesignated (5).
Pub. L. 110–246, § 15402(f)(2), added par. (3).
Subsec. (a)(4). Pub. L. 110–246, § 15403(1)(B), redesignated par. (2) as (4). Former par. (4) redesignated (6).
Pub. L. 110–246, § 15402(f)(2), added par. (4).
Subsec. (a)(5). Pub. L. 110–246, § 15403(1)(B), redesignated par. (3) as (5). Former par. (5) redesignated (8).
Pub. L. 110–246, § 15402(f)(2), added par. (5).
Subsec. (a)(6). Pub. L. 110–246, § 15403(1)(B), redesignated par. (4) as (6).
Subsec. (a)(7). Pub. L. 110–246, § 15403(1)(D), added par. (7).
Subsec. (a)(8). Pub. L. 110–246, § 15403(1)(A), redesignated par. (5) as (8).
Subsec. (b). Pub. L. 110–246, § 15402(a)(5), (b), (c), as amended by Pub. L. 110–436, § 7(1), added pars. (1)(D), (2), and (3).
Pub. L. 110–246, § 15402(a)(4), as amended by Pub. L. 110–436, § 7(1), redesignated par. (3) as subpar. (C) of par. (1), realigned margins, substituted “subparagraph (A)” for “paragraph (1)” in two places, in table substituted “1.25 percent” for “1.5 percent” during the third applicable 1-year period, “1.25 percent” for “1.75 percent” during the fourth applicable 1-year period, and “1.25 percent” for “2 percent” during the fifth applicable 1-year period.
Pub. L. 110–246, § 15402(a)(3), as amended by Pub. L. 110–436, § 7(1), redesignated par. (2) as subpar. (B) of par. (1), redesignated former subpars. as cls., former cls. as subcls., former subcls. as items, and former items as subitems, realigned margins, made conforming changes to references in text, in par. (1)(B)(iii)(II) substituted “that enters into force thereafter” for “that enters into force under the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3801 et seq.)”, amended par. (1)(B)(iv)(IV) generally, in par. (1)(B)(vi) substituted “U.S. Customs and Border Protection” for “The Bureau of Customs and Border Protection” in subcl. (I) and for “the Bureau of Customs and Border Protection” in subcl. (II) and in two places in subcl. (III), and in par. (1)(B)(vii)(I)(bb)(DD) substituted “with respect to the United States” for “under the Bipartisan Trade Promotion Authority Act of 2002”.
Pub. L. 110–246, § 15402(a)(2), as amended by Pub. L. 110–436, § 7(1), amended par. (1) generally. Prior to amendment, text read as follows: “In addition to any other preferential treatment under this chapter, apparel articles described in paragraph (2) of a producer or entity controlling production that are imported directly from Haiti shall enter the United States free of duty during an applicable 1-year period, subject to the limitations set forth in paragraphs (2) and (3), if Haiti has met the requirements of subsections (d) and (e).”
Pub. L. 110–246, § 15402(a)(1), as amended by Pub. L. 110–436, § 7(1), substituted “Apparel and other textile articles” for “Apparel articles” in heading.
Subsec. (b)(4). Pub. L. 110–246, § 15402(d), as amended by Pub. L. 110–436, § 7(2), added par. (4).
Pub. L. 110–246, § 15402(b), as amended by Pub. L. 110–436, § 7(1), struck out par. (4) which related to special rule for certain woven apparel articles classifiable under chapter 62 of the HTS, as in effect on
Subsec. (b)(5). Pub. L. 110–246, § 15402(c), (e), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The preferential treatment under paragraph (1) shall, subject to the limitations under paragraph (3), be extended to any article classifiable under heading 6212.10 of the HTS, if the article is both cut and sewn or otherwise assembled in Haiti or the United States, or both, without regard to the source of the fabric or components from which the article is made, and if Haiti has met the requirements of subsections (d) and (e).”
Subsec. (b)(6). Pub. L. 110–246, § 15402(f)(1), added par. (6).
Subsec. (d)(4). Pub. L. 110–246, § 15404, added par. (4).
Subsec. (e). Pub. L. 110–246, § 15403(3), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 110–246, § 15402(h), substituted “U.S. Customs and Border Protection” for “the Bureau of Customs and Border Protection” wherever appearing.
Subsec. (f). Pub. L. 110–246, § 15403(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (f)(3). Pub. L. 110–246, § 15405, added par. (3).
Subsec. (g). Pub. L. 110–246, § 15403(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Pub. L. 110–246, § 15402(g), added subsec. (g).
Subsec. (h). Pub. L. 110–246, § 15403(2), redesignated subsec. (g) as (h).
Amendment by Pub. L. 116–260 effective
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Pub. L. 110–234, title XV, § 15412, “(a) Except as provided in subsection (b), this part [part I (§§ 15401–15412) of subtitle D of title XV of Pub. L. 110–246, amending this section and section 2703 of this title and enacting provisions set out as notes under this section and section 2701 of this title] and the amendments made by this part shall take effect on the date of the enactment of this Act [“(b) The amendments made by section 15402 [amending this section] shall take effect on
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Section applicable to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after
Pub. L. 110–234, title XV, § 15407,
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Pub. L. 111–171, § 2, “(1) On “(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 [19 U.S.C. 2701 et seq.] (as amended by the United States-Caribbean Basin Trade Partnership Act [Pub. L. 106–200, title II, see Tables for classification], the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 [Pub. L. 109–432, div. D, title V, see Tables for classification], and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008 [Pub. L. 110–234, title XV, subtitle D, part I, and Pub. L. 110–246, title XV, subtitle D, part I, see Tables for classification]), 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 “(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.”
Pub. L. 111–171, § 9, “(a) “(1) The Commissioner responsible for United States 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 [19 U.S.C. 2701 et seq.], 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) Not later than 75 days after the date of the enactment of this Act [“(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) “(1) 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) The support team authorized by paragraph (1) shall terminate on “(c) “(1) There are authorized to be appropriated to the United States 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 [19 U.S.C. 2701 et seq.], 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) 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.”
Pub. L. 110–234, title XV, § 15406,
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Proc. No. 8296,
Proc. No. 8114,