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G/C/W/508/Rev.2 Page 2

Energy Act of 2008, amends the CBERA3 by providing for preferential tariff treatment for additional products that originate in a country the President has designated as eligible to receive CBTPA benefits.4  Further, the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 (HOPE Act), as amended by the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008 (“HOPE II”) enacted as Title VI, Subtitle D, Part I of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246) (“HOPE Act as amended”), amends CBERA to make Haiti eligible for additional trade benefits.  The text of the CBERA as amended is attached at Annex I.  

Specifically, section 213(b)(2) of the CBERA as amended (19 U.S.C. § 2703 (b)(2)) provides for duty-free treatment for apparel assembled in eligible beneficiary countries from:  (1) fabrics formed in the United States from U.S. yarns and cut, dyed, and finished in the United States;  (2) components knit-to-shape in the United States from U.S. yarns;  (3) fabrics formed in the United States from U.S. yarns and dyed and finished in the United States, but cut in the region, and sewn with U.S. thread;  and (4) a combination of fabrics formed in the United States from U.S. yarns and dyed and finished in the United States, but cut in the region, and components knit-to-shape in the United States from U.S. yarns, and sewn with U.S. thread.  Subject to a quantitative limit, the CBERA as amended also provides for duty-free treatment for certain knit apparel cut and assembled in eligible beneficiary countries from fabrics formed in the region or the United States from U.S. yarns, or apparel (other than socks) knit-to-shape in eligible beneficiary countries from U.S. yarns.  There is a separate quantitative limit for t-shirts (other than underwear) made in eligible beneficiary countries from fabric formed in the region from U.S. yarns.  In addition, the CBERA as amended provides for duty-free treatment for:  (1) certain brassieres;  (2) apparel made from fabrics or yarns from third party sources, if those inputs are determined to be in “short supply” in the United States;  (3) certain textile luggage;  and (4) hand-loomed, handmade, or folklore textiles or apparel.

In addition, section 213(b)(3) of the CBERA as amended (19 U.S.C. § 2703 (b)(3)) provides tariff treatment equivalent to that extended to Mexico under the North American Free Trade Agreement for certain non-textile and apparel products,5 and duty-free treatment for four rubber

3 The original CBERA program is described in more detail in the Request for Renewal of Waiver (G/L/25) which was included in the previously submitted information on the CBERA programme in document G/C/W/508/Add.1.

4 In accordance with Section 212(b) of the CBERA as amended (19 U.S.C. § 2702 (b)), “Central America and the Caribbean” refers to the following countries or any successor political entities of these countries: Anguilla, Antigua and Barbuda, The Bahamas, Barbados, Belize, British Virgin Islands, Cayman Islands, Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Montserrat, Netherlands Antilles, Nicaragua, Panama, Saint Lucia, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Turks and Caicos Islands, and Trinidad and Tobago.  

The President has designated the following Central American and Caribbean countries as both CBERA and CBTPA beneficiary countries:  Antigua and Barbuda, Aruba, The Bahamas, Barbados, Belize, British Virgin Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago.  Sections 212 and 213(b)(5)(B) of the amended CBERA (19 U.S.C. §§ 2702, 2703 (b)(5)(B)) describe the eligibility criteria countries must meet to be designated as a CBERA or CBTPA beneficiary country.  

To be eligible for the enhanced benefits of the CBTPA, however, CBTPA beneficiary countries must implement and follow (or be making substantial progress toward implementing and following) certain customs procedures and requirements, as described in section 213(b)(4) of the CBERA as amended (19 U.S.C. § 2703 (b)(4)). The following CBTPA beneficiary countries are currently eligible for the enhanced benefits of the CBTPA:  Barbados, Belize, Guyana, Haiti, Jamaica, Panama, Saint Lucia, and Trinidad and Tobago.

The most recent amendment in section 15408 of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246) extends the enhanced benefits of the CBTPA until 30 September 2010.

5 These products are certain:  (1) footwear;  (2) canned tuna;  (3) petroleum products;  (4) watches and watch parts; and  (5) handbags, luggage, flat goods, work gloves and leather wearing apparel.

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