Text: H.R.5986 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-163 (08/10/2012)

 
[112th Congress Public Law 163]
[From the U.S. Government Printing Office]



[[Page 1273]]

                AFRICAN GROWTH AND OPPORTUNITY AMENDMENTS

[[Page 126 STAT. 1274]]

Public Law 112-163
112th Congress

                                 An Act


 
  To amend the African Growth and Opportunity Act to extend the third-
 country fabric program and to add South Sudan to the list of countries 
 eligible for designation under that Act, to make technical corrections 
 to the Harmonized Tariff Schedule of the United States relating to the 
 textile and apparel rules of origin for the Dominican Republic-Central 
 America-United States Free Trade Agreement, to approve the renewal of 
 import restrictions contained in the Burmese Freedom and Democracy Act 
of 2003, and for other purposes. <<NOTE: Aug. 10, 2012 -  [H.R. 5986]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO AFRICAN GROWTH AND OPPORTUNITY ACT.

    (a) Extension of Third-Country Fabric Program.--Section 112(c)(1) of 
the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1)) is 
amended--
            (1) in the paragraph heading, by striking ``2012'' and 
        inserting ``2015'';
            (2) in subparagraph (A), by striking ``2012'' and inserting 
        ``2015''; and
            (3) in subparagraph (B)(ii), by striking ``2012'' and 
        inserting ``2015''.

    (b) Addition of South Sudan.--Section 107 of that Act (19 U.S.C. 
3706) is amended by inserting after ``Republic of South Africa (South 
Africa).'' the following:
            ``Republic of South Sudan (South Sudan).''.

    (c) Conforming Amendment.--Section 102(2) of that Act (19 U.S.C. 
3701(2)) is amended by striking ``48''.
    (d) <<NOTE: 19 USC 3701 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date of the enactment of 
this Act.
SEC. 2. MODIFICATIONS TO TEXTILE AND APPAREL RULES OF ORIGIN FOR 
                    THE DOMINICAN REPUBLIC-CENTRAL AMERICA-UNITED 
                    STATES FREE TRADE AGREEMENT.

    (a) Definitions.--In this section:
            (1) Agreement.--The term ``Agreement'' has the meaning given 
        the term in section 3(1) of the Dominican Republic-Central 
        America-United States Free Trade Agreement Implementation Act 
        (Public Law 109-53; 19 U.S.C. 4002(1)).
            (2) CAFTA-DR country.--The term ``CAFTA-DR country'' has the 
        meaning given the term in section 3(2) of the Dominican 
        Republic-Central America-United States Free Trade Agreement 
        Implementation Act (Public Law 109-53; 19 U.S.C. 4002(2)).
            (3) HTS.--The term ``HTS'' means the Harmonized Tariff 
        Schedule of the United States.

[[Page 126 STAT. 1275]]

            (4) Trade representative.--The term ``Trade Representative'' 
        means the United States Trade Representative.

    (b) Modifications to the Textile and Apparel Rules of Origin.--
            (1) Interpretation and application of rules of origin.--
        Subdivision (m)(viii) of general note 29 of the HTS is amended 
        as follows:
                    (A) The matter following subdivision (A)(2) is 
                amended by striking the second sentence and inserting 
                the following: ``Any elastomeric yarn (except latex) 
                contained in the originating yarns referred to in 
                subdivision (A)(2) must be formed in the territory of 
                one or more of the parties to the Agreement.''.
                    (B) Subdivision (B) is amended--
                          (i) in the matter preceding subdivision 
                      (B)(1), by striking ``exclusive of collars and 
                      cuffs where applicable,'' and inserting 
                      ``exclusive of collars, cuffs and ribbed 
                      waistbands (only if the ribbed waistband is 
                      present in combination with cuffs and identical in 
                      fabric construction to the cuffs) where 
                      applicable,'';
                          (ii) in subdivision (B)(2), by inserting ``or 
                      knit to shape components'' after ``one or more 
                      fabrics'';
                          (iii) by amending subdivision (B)(3) to read 
                      as follows:
                    ``(3) any combination of the fabrics referred to in 
                subdivision (B)(1), the fabrics or knit to shape 
                components referred to in subdivision (B)(2), or one or 
                more fabrics or knit to shape components originating 
                under this note.''; and
                          (iv) in the matter following subdivision 
                      (B)(3), by striking the last sentence and 
                      inserting the following: ``Any elastomeric yarn 
                      (except latex) contained in an originating fabric 
                      or knit to shape component referred to in 
                      subdivision (B)(3) must be formed in the territory 
                      of one or more of the parties to the Agreement.''.
                    (C) Subdivision (C) is amended--
                          (i) in subdivision (C)(2), by inserting ``or 
                      knit to shape components'' after ``one or more 
                      fabrics'';
                          (ii) by amending subdivision (C)(3) to read as 
                      follows:
                    ``(3) any combination of the fabrics referred to in 
                subdivision (C)(1), the fabrics or knit to shape 
                components referred to in subdivision (C)(2) or one or 
                more fabrics or knit to shape components originating 
                under this note.''; and
                          (iii) in the matter following subdivision 
                      (C)(3), by striking the second sentence and 
                      inserting the following: ``Any elastomeric yarn 
                      (except latex) contained in an originating fabric 
                      or knit to shape component referred to in 
                      subdivision (C)(3) must be formed in the territory 
                      of one or more of the parties to the Agreement.''.
            (2) Change in tariff classification rules.--Subdivision (n) 
        of general note 29 of the HTS is amended as follows:
                    (A) Chapter rule 4 to chapter 61 is amended--

[[Page 126 STAT. 1276]]

                          (i) by striking ``5401 or 5508'' and inserting 
                      ``5401, or 5508 or yarn of heading 5402 used as 
                      sewing thread,''; and
                          (ii) by inserting ``or yarn'' after ``only if 
                      such sewing thread''.
                    (B) The chapter rules to chapter 61 are amended by 
                inserting after chapter rule 5 the following:

    ``Chapter rule 6: Notwithstanding chapter rules 1, 3, 4 or 5 to this 
chapter, an apparel good of chapter 61 shall be considered originating 
regardless of the origin of any visible lining fabric described in 
chapter rule 1 to this chapter, narrow elastic fabrics as described in 
chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 
used as sewing thread described in chapter rule 4 to this chapter or 
pocket bag fabric described in chapter rule 5 to this chapter, provided 
such material is listed in U.S. note 20 to subchapter XXII of chapter 98 
and the good meets all other applicable requirements for preferential 
tariff treatment under this note.''.
                    (C) Chapter rules 3, 4, and 5 to chapter 62 are each 
                amended by striking ``nightwear'' each place it appears 
                and inserting ``sleepwear''.
                    (D) Chapter rule 4 to chapter 62 is amended--
                          (i) by striking ``5401 or 5508'' and inserting 
                      ``5401, or 5508 or yarn of heading 5402 used as 
                      sewing thread,''; and
                          (ii) by inserting ``or yarn'' after ``only if 
                      such sewing thread''.
                    (E) The chapter rules to chapter 62 are amended by 
                inserting after chapter rule 5 the following:

    ``Chapter rule 6: Notwithstanding chapter rules 1, 3, 4 or 5 to this 
chapter, an apparel good of chapter 62 shall be considered originating 
regardless of the origin of any visible lining fabric described in 
chapter rule 1 to this chapter, narrow elastic fabrics as described in 
chapter rule 3 to this chapter, sewing thread or yarn of heading 5402 
used as sewing thread described in chapter rule 4 to this chapter or 
pocket bag fabric described in chapter rule 5, provided such material is 
listed in U.S. note 20 to subchapter XXII of chapter 98 and the good 
meets all other applicable requirements for preferential tariff 
treatment under this note.''.
                    (F) Tariff classification rule 33 to chapter 62 is 
                amended to read as follows:

    ``33. A change to pajamas and sleepwear of subheadings 6207.21 or 
6207.22, tariff items 6207.91.30 or 6207.92.40, subheadings 6208.21 or 
6208.22 or tariff items 6208.91.30, 6208.92.00 or 6208.99.20 from any 
other chapter, provided that the good is cut or knit to shape, or both, 
and sewn or otherwise assembled in the territory of one or more of the 
parties to the Agreement.''.
                    (G) Chapter rule 2 to chapter 63 is amended--
                          (i) by striking ``5401 or 5508'' and inserting 
                      ``5401, or 5508 or yarn of heading 5402 used as 
                      sewing thread,''; and
                          (ii) by inserting ``or yarn'' after ``only if 
                      such sewing thread''.
                    (H) The chapter rules to chapter 63 are amended by 
                inserting after chapter rule 2 the following:

    ``Chapter rule 3: Notwithstanding chapter rule 2 to this chapter, a 
good of this chapter shall be considered originating regardless

[[Page 126 STAT. 1277]]

of the origin of sewing thread or yarn of heading 5402 used as sewing 
thread described in chapter rule 2 to this chapter, provided the thread 
or yarn is listed in U.S. note 20 to subchapter XXII of chapter 98 and 
the good meets all other applicable requirements for preferential tariff 
treatment under this note.''.
            (3) Effective date.--
                    (A) <<NOTE: Applicability. Determination.>>  In 
                general.--The amendments made by this subsection apply 
                to goods of a CAFTA-DR country that are entered, or 
                withdrawn from warehouse for consumption, on or after 
                the date that the Trade Representative determines is the 
                first date on which the equivalent amendments to the 
                rules of origin of the Agreement have entered into force 
                in all CAFTA-DR countries.
                    (B) <<NOTE: Federal Register, publication.>>  
                Publication of determination.--The Trade Representative 
                shall promptly publish notice of the determination under 
                subparagraph (A) in the Federal Register.
SEC. 3. EXTENSION OF AND RENEWAL OF IMPORT RESTRICTIONS UNDER 
                    BURMESE FREEDOM AND DEMOCRACY ACT OF 2003.

    (a) Extension of Burmese Freedom and Democracy Act of 2003.--Section 
9(b)(3) of the Burmese Freedom and Democracy Act of 2003 (Public Law 
108-61; 50 U.S.C. 1701 note) is amended by striking ``nine years'' and 
inserting ``twelve years''.
    (b) <<NOTE: 50 USC 1701 note.>>  Renewal of Import Restrictions.--
            (1) In general.--Congress approves the renewal of the import 
        restrictions contained in section 3(a)(1) and section 3A (b)(1) 
        and (c)(1) of the Burmese Freedom and Democracy Act of 2003.
            (2) Rule of construction.--This section shall be deemed to 
        be a ``renewal resolution'' for purposes of section 9 of the 
        Burmese Freedom and Democracy Act of 2003.

    (c) Effective Date.--This section and the amendment made by this 
section shall take effect on the date of the enactment of this Act or 
July 26, 2012, whichever occurs first.
SEC. 4. <<NOTE: 26 USC 6655 note.>>  TIME FOR PAYMENT OF CORPORATE 
                    ESTIMATED TAXES.

    Notwithstanding section 6655 of the Internal Revenue Code of 1986--
            (1) in the case of a corporation with assets of not less 
        than $1,000,000,000 (determined as of the end of the preceding 
        taxable year), the amount of any required installment of 
        corporate estimated tax which is otherwise due in July, August, 
        or September of 2017 shall be 100.25 percent of such amount; and
            (2) the amount of the next required installment after an 
        installment referred to in paragraph (1) shall be appropriately 
        reduced to reflect the amount of the increase by reason of such 
        paragraph.
SEC. 5. EXTENSION OF CUSTOMS USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) in subparagraph (A), by striking ``August 2, 2021'' and 
        inserting ``October 22, 2021'';

[[Page 126 STAT. 1278]]

            (2) in subparagraph (B)(i), by striking ``December 8, 2020'' 
        and inserting ``October 29, 2021''; and
            (3) by striking subparagraphs (C) and (D).

    Approved August 10, 2012.

LEGISLATIVE HISTORY--H.R. 5986:
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CONGRESSIONAL RECORD, Vol. 158 (2012):
            Aug 2, considered and passed House and Senate.

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