19 USC 2703 - Special rules for Haiti

1 So in original. The closing quotation marks probably should precede the period.

2 So in original. Probably should refer to cl. (i) of this subparagraph.

Editorial Notes

References in Text

This chapter, referred to in subsec. (span)(1)(D), (2)(A)(iii), (B)(iv), (6), was in the original “this title”, meaning title II of Puspan. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 2701 of this title and Tables.

Proclamation 8213 of the President of December 20, 2007, referred to in subsec. (span)(3)(B), is Proc. No. 8213, Dec. 20, 2007, 72 F.R. 73555. Par. (4) of Proclamation 8213 appears as a paraphrased Delegation of Functions note under section 4033 of this title.

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 Puspan. L. 110–246, which was approved June 18, 2008.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2020—Subsec. (span)(1)(B)(vii)(I)(aa), (5)(A)(i). Puspan. L. 116–260 substituted “Annex 4–B of the USMCA” for “Annex 401 of the NAFTA”.

2015—Subsec. (span)(1)(B)(v)(I)(cc). Puspan. 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 December 20, 2017.”

Subsec. (span)(1)(C). Puspan. L. 114–27, § 301(1)(A)(ii), substituted “16 succeeding 1-year periods” for “succeeding 11 1-year periods” in table and “December 19, 2025” for “December 19, 2018” in concluding provisions.

Subsec. (span)(2)(A)(ii). Puspan. L. 114–27, § 301(1)(B)(i), substituted “16 succeeding 1-year periods” for “11 succeeding 1-year periods”.

Subsec. (span)(2)(B)(iii). Puspan. L. 114–27, § 301(1)(B)(ii), substituted “16 succeeding 1-year periods” for “11 succeeding 1-year periods”.

Subsec. (h). Puspan. L. 114–27, § 301(2), substituted “September 30, 2025” for “September 30, 2020”.

2012—Subsec. (span)(4)(C), (D). Puspan. L. 112–234, which directed amendment of section 231A(span)(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). Puspan. 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. (span)(1)(A). Puspan. 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. (span)(1)(B)(i). Puspan. 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. (span)(1)(B)(iv)(II). Puspan. L. 111–171, § 7(2)(B)(ii), struck out “applicable” after “Other” in span 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. (span)(1)(B)(v)(I)(aa). Puspan. 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. (span)(1)(B)(v)(I)(bspan). Puspan. L. 111–171, § 7(2)(B)(iii)(II), substituted “the 1-year period beginning on December 20, 2015, and the 1-year period beginning on December 20, 2016” for “the fourth applicable 1-year period”.

Subsec. (span)(1)(B)(v)(I)(cc). Puspan. L. 111–171, § 7(2)(B)(iii)(III), substituted “the 1-year period beginning on December 20, 2017” for “the fifth applicable 1-year period”.

Subsec. (span)(1)(B)(vi)(II). Puspan. 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. (span)(1)(B)(vi)(III)(aa). Puspan. 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. (span)(1)(B)(vi)(III)(bspan). Puspan. L. 111–171, § 7(2)(B)(iv)(II)(bspan), substituted “1-year period” for “applicable 1-year period” in item (bspan) and subitem (AA).

Subsec. (span)(1)(C). Puspan. 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 “December 19, 2018” for “the last day of the fifth applicable 1-year period” in concluding provisions.

Subsec. (span)(2)(A)(ii), (B)(iii). Puspan. L. 111–171, § 5(1), substituted “Except as provided in paragraph (2A), the preferential treatment” for “The preferential treatment” and “11” for “9”.

Subsec. (span)(2A). Puspan. L. 111–171, § 5(2), added par. (2A).

Subsec. (span)(3)(F). Puspan. L. 111–171, § 4(a), added subpar. (F).

Subsec. (span)(3)(G). Puspan. L. 111–171, § 4(span), added subpar. (G).

Subsec. (span)(4)(B)(ii)(I). Puspan. L. 111–171, § 6, substituted “two” for “three”.

Subsec. (c)(1). Puspan. L. 111–171, § 8, substituted “10-year period” for “5-year period” in introductory provisions.

Subsec. (h). Puspan. L. 111–171, § 3(2), substituted “September 30, 2020” for “September 30, 2018”.

2008—Subsec. (a)(2). Puspan. L. 110–246, § 15403(1)(C), added par. (2). Former par. (2) redesignated (4).

Subsec. (a)(3). Puspan. L. 110–246, § 15403(1)(C), added par. (3). Former par. (3) redesignated (5).

Puspan. L. 110–246, § 15402(f)(2), added par. (3).

Subsec. (a)(4). Puspan. L. 110–246, § 15403(1)(B), redesignated par. (2) as (4). Former par. (4) redesignated (6).

Puspan. L. 110–246, § 15402(f)(2), added par. (4).

Subsec. (a)(5). Puspan. L. 110–246, § 15403(1)(B), redesignated par. (3) as (5). Former par. (5) redesignated (8).

Puspan. L. 110–246, § 15402(f)(2), added par. (5).

Subsec. (a)(6). Puspan. L. 110–246, § 15403(1)(B), redesignated par. (4) as (6).

Subsec. (a)(7). Puspan. L. 110–246, § 15403(1)(D), added par. (7).

Subsec. (a)(8). Puspan. L. 110–246, § 15403(1)(A), redesignated par. (5) as (8).

Subsec. (span). Puspan. L. 110–246, § 15402(a)(5), (span), (c), as amended by Puspan. L. 110–436, § 7(1), added pars. (1)(D), (2), and (3).

Puspan. L. 110–246, § 15402(a)(4), as amended by Puspan. 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.

Puspan. L. 110–246, § 15402(a)(3), as amended by Puspan. 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)(bspan)(DD) substituted “with respect to the United States” for “under the Bipartisan Trade Promotion Authority Act of 2002”.

Puspan. L. 110–246, § 15402(a)(2), as amended by Puspan. 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).”

Puspan. L. 110–246, § 15402(a)(1), as amended by Puspan. L. 110–436, § 7(1), substituted “Apparel and other textile articles” for “Apparel articles” in span.

Subsec. (span)(4). Puspan. L. 110–246, § 15402(d), as amended by Puspan. L. 110–436, § 7(2), added par. (4).

Puspan. L. 110–246, § 15402(span), as amended by Puspan. 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 Dec. 20, 2006.

Subsec. (span)(5). Puspan. 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 span 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. (span)(6). Puspan. L. 110–246, § 15402(f)(1), added par. (6).

Subsec. (d)(4). Puspan. L. 110–246, § 15404, added par. (4).

Subsec. (e). Puspan. L. 110–246, § 15403(3), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (e)(1). Puspan. L. 110–246, § 15402(h), substituted “U.S. Customs and Border Protection” for “the Bureau of Customs and Border Protection” wherever appearing.

Subsec. (f). Puspan. L. 110–246, § 15403(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (f)(3). Puspan. L. 110–246, § 15405, added par. (3).

Subsec. (g). Puspan. L. 110–246, § 15403(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Puspan. L. 110–246, § 15402(g), added subsec. (g).

Subsec. (h). Puspan. L. 110–246, § 15403(2), redesignated subsec. (g) as (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Puspan. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Puspan. L. 116–260, set out as a note under section 2578span of this title.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Puspan. L. 110–234, title XV, § 15412, May 22, 2008, 122 Stat. 1547, and Puspan. L. 110–246, § 4(a), title XV, § 15412, June 18, 2008, 122 Stat. 1664, 2309, provided that:

“(a)In General.—Except as provided in subsection (span), this part [part I (§§ 15401–15412) of subtitle D of title XV of Puspan. 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 [June 18, 2008].

“(span)Exception.—The amendments made by section 15402 [amending this section] shall take effect on October 1, 2008, and shall apply to articles entered, or withdrawn from warehouse for consumption, on or after that date.”

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

Effective Date

Section applicable to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after Dec. 20, 2006, see section 5006 of Puspan. L. 109–432, set out as an Effective Date of 2006 Amendment note under section 2703 of this title.

Regulations

Puspan. L. 110–234, title XV, § 15407, May 22, 2008, 122 Stat. 1546, and Puspan. L. 110–246, § 4(a), title XV, § 15407, June 18, 2008, 122 Stat. 1664, 2308, provided that: “The President shall issue such regulations as may be necessary to carry out the amendments made by sections 15402, 15403, and 15404 [amending this section]. Regulations to carry out the amendments made by section 15402 shall be issued not later than September 30, 2008. The Secretary of Commerce shall issue such procedures as may be necessary to carry out the amendment made by section 15402(d) not later than September 30, 2008.”

Findings

Puspan. L. 111–171, § 2, May 24, 2010, 124 Stat. 1194, provided that: “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 [19 U.S.C. 2701 et seq.] (as amended by the United States-Caribbean Basin Trade Partnership Act [Puspan. L. 106–200, title II, see Tables for classification], the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 [Puspan. L. 109–432, div. D, title V, see Tables for classification], and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008 [Puspan. L. 110–234, title XV, subtitle D, part I, and Puspan. 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 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.”

Customs Support Services

Puspan. L. 111–171, § 9, May 24, 2010, 124 Stat. 1205, provided that:

“(a)In General.—

“(1)Rapid response team.—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)Report.—Not later than 75 days after the date of the enactment of this Act [May 24, 2010], 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 (span); 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).

“(span)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 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 (span).

“(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.”

Presidential Proclamation Authority

Puspan. L. 110–234, title XV, § 15406, May 22, 2008, 122 Stat. 1546, and Puspan. L. 110–246, § 4(a), title XV, § 15406, June 18, 2008, 122 Stat. 1664, 2308, provided that: “The President may exercise the authority under section 604 of the Trade Act of 1974 [19 U.S.C. 2483] to proclaim such modifications to the Harmonized Tariff Schedule of the United States as may be necessary to carry out this part [part I (§§ 15401–15412) of subtitle D of title XV of Puspan. 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.”

Executive Documents

Delegation of Functions

Proc. No. 8296, Sept. 30, 2008, 73 F.R. 57476, provided in par. (3) that the United States Trade Representative is authorized to perform the functions under subsec. (d)(4) of this section, the reporting function under subsec. (e)(1)(B)(ii) of this section, the consultation function under subsec. (e)(1)(C)(i) of this section, and the functions under subsec. (e)(5) of this section and provided in par. (4) that the Secretary of Labor, in consultation with the United States Trade Representative, is authorized to perform the functions under subsec. (e)(4)(B)(i), (ii) of this section.

Proc. No. 8114, Mar. 19, 2007, 72 F.R. 13656, provided in par. (5) that the Secretary of the Treasury is authorized to perform the functions assigned to the President under subsec. (f) of this section.