§ 2466a. — Designation of subSaharan African countries for certain benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2466a]
TITLE 19--CUSTOMS DUTIES
CHAPTER 12--TRADE ACT OF 1974
SUBCHAPTER V--GENERALIZED SYSTEM OF PREFERENCES
Sec. 2466a. Designation of sub-Saharan African countries for
certain benefits
(a) Authority to designate
(1) In general
Notwithstanding any other provision of law, the President is
authorized to designate a country listed in section 3706 of this
title as a beneficiary sub-Saharan African country eligible for the
benefits described in subsection (b) of this section--
(A) if the President determines that the country meets the
eligibility requirements set forth in section 3703 of this
title, as such requirements are in effect on May 18, 2000; and
(B) subject to the authority granted to the President under
subsections (a), (d), and (e) of section 2462 of this title, if
the country otherwise meets the eligibility criteria set forth
in section 2462 of this title.
(2) Monitoring and review of certain countries
The President shall monitor, review, and report to Congress
annually on the progress of each country listed in section 3706 of
this title in meeting the requirements described in paragraph (1) in
order to determine the current or potential eligibility of each
country to be designated as a beneficiary sub-Saharan African
country for purposes of this section. The President's
determinations, and explanations of such determinations, with
specific analysis of the eligibility requirements described in
paragraph (1)(A), shall be included in the annual report required by
section 3705 of this title.
(3) Continuing compliance
If the President determines that a beneficiary sub-Saharan
African country is not making continual progress in meeting the
requirements described in paragraph (1), the President shall
terminate the designation of that country as a beneficiary sub-
Saharan African country for purposes of this section, effective on
January 1 of the year following the year in which such determination
is made.
(b) Preferential tariff treatment for certain articles
(1) In general
The President may provide duty-free treatment for any article
described in section 2463(b)(1)(B) through (G) of this title that is
the growth, product, or manufacture of a beneficiary sub-Saharan
African country described in subsection (a) of this section, if,
after receiving the advice of the International Trade Commission in
accordance with section 2463(e) of this title, the President
determines that such article is not import-sensitive in the context
of imports from beneficiary sub-Saharan African countries.
(2) Rules of origin
The duty-free treatment provided under paragraph (1) shall apply
to any article described in that paragraph that meets the
requirements of section 2463(a)(2) of this title, except that--
(A) if the cost or value of materials produced in the
customs territory of the United States is included with respect
to that article, an amount not to exceed 15 percent of the
appraised value of the article at the time it is entered that is
attributed to such United States cost or value may be applied
toward determining the percentage referred to in subparagraph
(A) of section 2463(a)(2) of this title; and
(B) the cost or value of the materials included with respect
to that article that are produced in one or more beneficiary
sub-Saharan African countries shall be applied in determining
such percentage.
(c) Beneficiary sub-Saharan African countries, etc.
For purposes of this subchapter, the terms ``beneficiary sub-Saharan
African country'' and ``beneficiary sub-Saharan African countries'' mean
a country or countries listed in section 3706 of this title that the
President has determined is eligible under subsection (a) of this
section.
(Pub. L. 93-618, title V, Sec. 506A, as added Pub. L. 106-200, title I,
Sec. 111(a), May 18, 2000, 114 Stat. 257.)
Section Referred to in Other Sections
This section is referred to in sections 2466b, 3721 of this title.
