Details on the House-Passed Conference Version of Miscellaneous Trade Bill (Part V)
On October 8, 2004, the House of Representatives passed the conference version of H.R. 1047, the Miscellaneous Trade and Technical Corrections Act of 2004. According to Congressional sources, the Senate is expected to consider the conference version of H.R. 1047 in mid-November 2004, when it returns after the election.
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This is Part V of a multi-part series of summaries on the conference version of H.R. 1047 and highlights provisions providing retroactive duty- and quota-free treatment for certain U.S. Caribbean Trade Partnership Act (CBTPA) apparel (except socks in HTS 6115) entries and a new country of origin labeling requirement for sock packaging.
Retroactive Duty- and Quota-Free Treatment for Certain Entries of CBTPA Apparel (Except Socks)
The conference version contains a provision that would require U.S. Customs and Border Protection (CBP) to liquidate or reliquidate as duty- and quota-free entries made on or after October 1, 2000 (the implementation date of the U.S. Caribbean Basin Trade Partnership Act (CBTPA)) for apparel articles, except socks provided for in HTS 6115, that meet the requirements of section 213(b)(2)(A) of the Caribbean Basin Economic Recovery Act (as amended by the Trade Act of 2002 and certain technical amendments in the conference version of H.R. 1047).
New Country of Origin Labeling Requirement for Sock Packaging
The conference version would amend 15 U.S.C. 70b (section 4 of the Textile Fiber Identification Act) by adding a new requirement which would state that notwithstanding any other provision of law, socks provided for in the following eight-digit HTS numbers: HTS 6115.92.90 (cat 332), 6115.93.90 (cats 432 and 632), 6115.99.18 (cats 432 and 632), 6111.20.60 (cat 239), 6111.30.50 (cat 239), or 6111.90.50 (cat 239) as in effect on September 1, 2003, must be marked as legibly, indelibly, and permanently as the nature of the article or package will permit in such a manner as to indicate to the ultimate consumer in the U.S. the English name of the country of origin of the article.
This new marking would be on the front of the package, adjacent to the size designation of the product, and would be set forth in such a manner as to be clearly legible, conspicuous, and readily accessible to the ultimate consumer.
Packages that contain several different types of goods and include socks would be exempt. According to conference version, any package that contains several different types of goods and includes socks classified under HTS 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50, as in effect on September 1, 2003, would not be subject to the new labeling requirements outlined above.
The conference version states that this new labeling requirement would take effect on the date that is 15 months after the date of enactment of H.R. 1047, and on and after the date that is 15 months after such date of enactment, any provision of 16 CFR Part 303 that is inconsistent with such requirement shall not apply. (16 CFR Part 303 contains the rules and regulations under the Textile Fiber Products Identification Act.)
(The U.S. recently announced that it would be imposing a safeguard quota and visa requirements on certain socks in cats 332, 432, and part of cat 632 from China. See ITT's Online Archives or 11/01/04 news, 04110107, for BP summary.)
See ITT's Online Archives or 10/19/04, 10/20/04, 10/22/04, and 11/01/04 news, 04101905, 04102005, 04102225, and 04110115, for Parts I-IV.
Legislative text of the Conference version of H.R. 1047 available at http://waysandmeans.house.gov/media/pdf/hr1047/HR1047confreptlegtext.pdf.
Joint explanatory statement of the conference committee regarding H.R. 1047 available at
http://waysandmeans.house.gov/media/pdf/hr1047/hr1047confreptexplanstatement.pdf.