§ 2703. — Eligible articles.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2703]
TITLE 19--CUSTOMS DUTIES
CHAPTER 15--CARIBBEAN BASIN ECONOMIC RECOVERY
Sec. 2703. Eligible articles
(a) Growth, product, or manufacture of beneficiary countries
(1) Unless otherwise excluded from eligibility by this chapter, and
subject to section 423 of the Tax Reform Act of 1986, and except as
provided in subsection (b)(2) and (3) of this section, the duty-free
treatment provided under this chapter shall apply to any article which
is the growth, product, or manufacture of a beneficiary country if--
(A) that article is imported directly from a beneficiary country
into the customs territory of the United States; and
(B) the sum of (i) the cost or value of the materials produced
in a beneficiary country or two or more beneficiary countries, plus
(ii) the direct costs of processing operations performed in a
beneficiary country or countries is not less than 35 per centum of
the appraised value of such article at the time it is entered.
For purposes of determining the percentage referred to in subparagraph
(B), the term ``beneficiary country'' includes the Commonwealth of
Puerto Rico and the United States Virgin Islands. If the cost or value
of materials produced in the customs territory of the United States
(other than the Commonwealth of Puerto Rico) is included with respect to
an article to which this paragraph applies, an amount not to exceed 15
per centum 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
(B).
(2) The Secretary of the Treasury shall prescribe such regulations
as may be necessary to carry out this subsection including, but not
limited to, regulations providing that, in order to be eligible for
duty-free treatment under this chapter, an article must be wholly the
growth, product, or manufacture of a beneficiary country, or must be a
new or different article of commerce which has been grown, produced, or
manufactured in the beneficiary country; but no article or material of a
beneficiary country shall be eligible for such treatment by virtue of
having merely undergone--
(A) simple combining or packaging operations, or
(B) mere dilution with water or mere dilution with another
substance that does not materially alter the characteristics of the
article.
(3) As used in this subsection, the phrase ``direct costs of
processing operations'' includes, but is not limited to--
(A) all actual labor costs involved in the growth, production,
manufacture, or assembly of the specific merchandise, including
fringe benefits, on-the-job training and the cost of engineering,
supervisory, quality control, and similar personnel; and
(B) dies, molds, tooling, and depreciation on machinery and
equipment which are allocable to the specific merchandise.
Such phrase does not include costs which are not directly attributable
to the merchandise concerned or are not costs of manufacturing the
product, such as (i) profit, and (ii) general expenses of doing business
which are either not allocable to the specific merchandise or are not
related to the growth, production, manufacture, or assembly of the
merchandise, such as administrative salaries, casualty and liability
insurance, advertising, and salesmen's salaries, commissions or
expenses.
(4) Notwithstanding section 1311 of this title, the products of a
beneficiary country which are imported directly from any beneficiary
country into Puerto Rico may be entered under bond for processing or use
in manufacturing in Puerto Rico. No duty shall be imposed on the
withdrawal from warehouse of the product of such processing or
manufacturing if, at the time of such withdrawal, such product meets the
requirements of paragraph (1)(B).
(5) The duty-free treatment provided under this chapter shall apply
to an article (other than an article listed in subsection (b) of this
section) which is the growth, product, or manufacture of the
Commonwealth of Puerto Rico if--
(A) the article is imported directly from the beneficiary
country into the customs territory of the United States,
(B) the article was by any means advanced in value or improved
in condition in a beneficiary country, and
(C) if any materials are added to the article in a beneficiary
country, such materials are a product of a beneficiary country or
the United States.
(6) Notwithstanding paragraph (1), the duty-free treatment provided
under this chapter shall apply to liqueurs and spirituous beverages
produced in the territory of Canada from rum if--
(A) such rum is the growth, product, or manufacture of a
beneficiary country or of the Virgin Islands of the United States;
(B) such rum is imported directly from a beneficiary country or
the Virgin Islands of the United States into the territory of
Canada, and such liqueurs and spirituous beverages are imported
directly from the territory of Canada into the customs territory of
the United States;
(C) when imported into the customs territory of the United
States, such liqueurs and spirituous beverages are classified in
subheading 2208.90 or 2208.40 of the HTS; and
(D) such rum accounts for at least 90 percent by volume of the
alcoholic content of such liqueurs and spirituous beverages.
(b) Import-sensitive articles
(1) In general
Subject to paragraphs (2) through (5), the duty-free treatment
provided under this chapter does not apply to--
(A) textile and apparel articles which were not eligible
articles for purposes of this chapter on January 1, 1994, as
this chapter was in effect on that date;
(B) footwear not designated at the time of the effective
date of this chapter [Aug. 5, 1983] as eligible articles for the
purpose of the generalized system of preferences under title V
of the Trade Act of 1974 [19 U.S.C. 2461 et seq.];
(C) tuna, prepared or preserved in any manner, in airtight
containers;
(D) petroleum, or any product derived from petroleum,
provided for in headings 2709 and 2710 of the HTS;
(E) watches and watch parts (including cases, bracelets, and
straps), of whatever type including, but not limited to,
mechanical, quartz digital or quartz analog, if such watches or
watch parts contain any material which is the product of any
country with respect to which HTS column 2 rates of duty apply;
or
(F) articles to which reduced rates of duty apply under
subsection (h) of this section.
(2) Transition period treatment of certain textile and
apparel articles
(A) Articles covered
During the transition period, the preferential treatment
described in subparagraph (B) shall apply to the following
articles:
(i) Apparel articles assembled in one or more CBTPA
beneficiary countries
Apparel articles sewn or otherwise assembled in one or
more CBTPA beneficiary countries from fabrics wholly formed
and cut, or from components knit-to-shape, in the United
States from yarns wholly formed in the United States,
(including fabrics not formed from yarns, if such fabrics
are classifiable under heading 5602 or 5603 of the HTS and
are wholly formed and cut in the United States) that are--
(I) entered under subheading 9802.00.80 of the HTS;
or
(II) entered under chapter 61 or 62 of the HTS, if,
after such assembly, the articles would have qualified
for entry under subheading 9802.00.80 of the HTS but for
the fact that the articles were embroidered or subjected
to stone-washing, enzyme-washing, acid washing, perma-
pressing, oven-baking, bleaching, garment-dyeing, screen
printing, or other similar processes.
Apparel articles entered on or after September 1, 2002, shall
qualify under the preceding sentence only if all dyeing,
printing, and finishing of the fabrics from which the
articles are assembled, if the fabrics are knit fabrics, is
carried out in the United States. Apparel articles entered
on or after September 1, 2002, shall qualify under the first
sentence of this clause only if all dyeing, printing, and
finishing of the fabrics from which the articles are
assembled, if the fabrics are woven fabrics, is carried out
in the United States.\1\
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\1\ So in original. Duplicative language added by Pub. L. 107-206
and Pub. L. 107-210. See 2002 Amendment notes below.
Apparel articles shall qualify under the preceding sentence
only if all dyeing, printing, and finishing of the fabrics
from which the articles are assembled, if the fabrics are
knit fabrics, is carried out in the United States. Apparel
articles shall qualify under the first sentence of this
clause only if all dyeing, printing, and finishing of the
fabrics from which the articles are assembled, if the
fabrics are woven fabrics, is carried out in the United
States.\1\
(ii) Other apparel articles assembled in one or more
CBTPA beneficiary countries
Apparel articles sewn or otherwise assembled in one or
more CBTPA beneficiary countries with thread formed in the
United States from fabrics wholly formed in the United
States and cut in one or more CBTPA beneficiary countries
from yarns wholly formed in the United States, or from
components knit-to-shape in the United States from yarns
wholly formed in the United States, or both (including
fabrics not formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603 of the HTS and are
wholly formed in the United States). Apparel articles
entered on or after September 1, 2002, shall qualify under
the preceding sentence only if all dyeing, printing, and
finishing of the fabrics from which the articles are
assembled, if the fabrics are knit fabrics, is carried out
in the United States. Apparel articles entered on or after
September 1, 2002, shall qualify under the first sentence of
this clause only if all dyeing, printing, and finishing of
the fabrics from which the articles are assembled, if the
fabrics are woven fabrics, is carried out in the United
States.\1\ Apparel articles shall qualify under the
preceding sentence only if all dyeing, printing, and
finishing of the fabrics from which the articles are
assembled, if the fabrics are knit fabrics, is carried out
in the United States. Apparel articles shall qualify under
the first sentence of this clause only if all dyeing,
printing, and finishing of the fabrics from which the
articles are assembled, if the fabrics are woven fabrics, is
carried out in the United States.\1\
(iii) Certain knit apparel articles
(I) Apparel articles knit to shape (other than socks
provided for in heading 6115 of the HTS) in a CBTPA
beneficiary country from yarns wholly formed in the United
States, and knit apparel articles (other than t-shirts
described in subclause (III)) cut and wholly assembled in
one or more CBTPA beneficiary countries from fabric formed
in one or more CBTPA beneficiary countries or the United
States from yarns wholly formed in the United States
(including fabrics not formed from yarns, if such fabrics
are classifiable under heading 5602 or 5603 of the HTS and
are formed in one or more CBTPA beneficiary countries), in
an amount not exceeding the amount set forth in subclause
(II).
(II) The amount referred to in subclause (I) is as
follows:
(aa) 500,000,000 square meter equivalents during the
1-year period beginning on October 1, 2002.
(bb) 850,000,000 square meter equivalents during the
1-year period beginning on October 1, 2003.
(cc) 970,000,000 square meter equivalents in each
succeeding 1-year period through September 30, 2008.
(III) T-shirts, other than underwear, classifiable under
subheadings 6109.10.00 and 6109.90.10 of the HTS, made in
one or more CBTPA beneficiary countries from fabric formed
in one or more CBTPA beneficiary countries from yarns wholly
formed in the United States, in an amount not exceeding the
amount set forth in subclause (IV).
(IV) The amount referred to in subclause (III) is as
follows:
(aa) 4,872,000 dozen during the 1-year period
beginning on October 1, 2001.
(bb) 9,000,000 dozen during the 1-year period
beginning on October 1, 2002.
(cc) 10,000,000 dozen during the 1-year period
beginning on October 1, 2003.
(dd) 12,000,000 dozen in each succeeding 1-year
period through September 30, 2008.
(V) It is the sense of the Congress that the Congress
should determine, based on the record of expansion of
exports from the United States as a result of the
preferential treatment of articles under this clause, the
percentage by which the amount provided in subclauses (II)
and (IV) should be compounded for the 1-year periods
occurring after the 1-year period ending on September 30,
2004.
(iv) Certain other apparel articles
(I) General rule
Subject to subclause (II), any apparel article
classifiable under subheading 6212.10 of the HTS, except
for articles entered under clause (i), (ii), (iii), (v),
or (vi), if the article is both cut and sewn or
otherwise assembled in the United States, or one or more
CBTPA beneficiary countries, or both.
(II) Limitation
During the 1-year period beginning on October 1,
2001, and during each of the 6 succeeding 1-year
periods, apparel articles described in subclause (I) of
a producer or an entity controlling production shall be
eligible for preferential treatment under subparagraph
(B) only if the aggregate cost of fabrics (exclusive of
all findings and trimmings) formed in the United States
that are used in the production of all such articles of
that producer or entity that are entered and eligible
under this clause during the preceding 1-year period is
at least 75 percent of the aggregate declared customs
value of the fabric (exclusive of all findings and
trimmings) contained in all such articles of that
producer or entity that are entered and eligible under
this clause during the preceding 1-year period.
(III) Development of procedure to ensure
compliance
The United States Customs Service shall develop and
implement methods and procedures to ensure ongoing
compliance with the requirement set forth in subclause
(II). If the Customs Service finds that a producer or an
entity controlling production has not satisfied such
requirement in a 1-year period, then apparel articles
described in subclause (I) of that producer or entity
shall be ineligible for preferential treatment under
subparagraph (B) during any succeeding 1-year period
until the aggregate cost of fabrics (exclusive of all
findings and trimmings) formed in the United States that
are used in the production of such articles of that
producer or entity entered during the preceding 1-year
period is at least 85 percent of the aggregate declared
customs value of the fabric (exclusive of all findings
and trimmings) contained in all such articles of that
producer or entity that are entered and eligible under
this clause during the preceding 1-year period.
(v) Apparel articles assembled from fabrics or yarn
not widely available in commercial
quantities
(I) Apparel articles that are both cut (or knit-to-
shape) and sewn or otherwise assembled in one or more CBTPA
beneficiary countries, from fabrics or yarn that is not
formed in the United States or in one or more CBTPA
beneficiary countries, to the extent that apparel articles
of such fabrics or yarn would be eligible for preferential
treatment, without regard to the source of the fabrics or
yarn, under Annex 401 of the NAFTA.
(II) At the request of any interested party, the
President is authorized to proclaim additional fabrics and
yarn as eligible for preferential treatment under subclause
(I) if--
(aa) the President determines that such fabrics or
yarn cannot be supplied by the domestic industry in
commercial quantities in a timely manner;
(bb) the President has obtained advice regarding the
proposed action from the appropriate advisory committee
established under section 135 of the Trade Act of 1974
(19 U.S.C. 2155) and the United States International
Trade Commission;
(cc) within 60 days after the request, the President
has submitted a report to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate that sets forth the action
proposed to be proclaimed and the reasons for such
actions, and the advice obtained under division (bb);
(dd) a period of 60 calendar days, beginning with
the first day on which the President has met the
requirements of division (cc), has expired; and
(ee) the President has consulted with such
committees regarding the proposed action during the
period referred to in division (cc).
(vi) Handloomed, handmade, and folklore articles
A handloomed, handmade, or folklore article of a CBTPA
beneficiary country identified under subparagraph (C) that
is certified as such by the competent authority of such
beneficiary country.
(vii) Special rules
(I) Exception for findings and trimmings
(aa) An article otherwise eligible for preferential
treatment under this paragraph shall not be ineligible
for such treatment because the article contains findings
or trimmings of foreign origin, if such findings and
trimmings do not exceed 25 percent of the cost of the
components of the assembled product. Examples of
findings and trimmings are sewing thread, hooks and
eyes, snaps, buttons, ``bow buds'', decorative lace,
trim, elastic strips, zippers, including zipper tapes
and labels, and other similar products. Elastic strips
are considered findings or trimmings only if they are
each less than 1 inch in width and are used in the
production of brassieres.
(bb) In the case of an article described in clause
(ii) of this subparagraph, sewing thread shall not be
treated as findings or trimmings under this subclause.
(II) Certain interlining
(aa) An article otherwise eligible for preferential
treatment under this paragraph shall not be ineligible
for such treatment because the article contains certain
interlinings of foreign origin, if the value of such
interlinings (and any findings and trimmings) does not
exceed 25 percent of the cost of the components of the
assembled article.
(bb) Interlinings eligible for the treatment
described in division (aa) include only a chest type
plate, ``hymo'' piece, or ``sleeve header'', of woven or
weft-inserted warp knit construction and of coarse
animal hair or man-made filaments.
(cc) The treatment described in this subclause shall
terminate if the President makes a determination that
United States manufacturers are producing such
interlinings in the United States in commercial
quantities.
(III) De minimis rule
An article that would otherwise be ineligible for
preferential treatment under this paragraph because the
article contains fibers or yarns not wholly formed in
the United States or in one or more CBTPA beneficiary
countries shall not be ineligible for such treatment if
the total weight of all such fibers or yarns is not more
than 7 percent of the total weight of the good.
Notwithstanding the preceding sentence, an apparel
article containing elastomeric yarns shall be eligible
for preferential treatment under this paragraph only if
such yarns are wholly formed in the United States.
(IV) Special origin rule
An article otherwise eligible for preferential
treatment under clause (i) or (ii) of this subparagraph
shall not be ineligible for such treatment because the
article contains nylon filament yarn (other than
elastomeric yarn) that is classifiable under subheading
5402.10.30, 5402.10.60, 5402.31.30, 5402.31.60,
5402.32.30, 5402.32.60, 5402.41.10, 5402.41.90,
5402.51.00, or 5402.61.00 of the HTS duty-free from a
country that is a party to an agreement with the United
States establishing a free trade area, which entered
into force before January 1, 1995.
(V) Thread
An article otherwise eligible for preferential
treatment under this paragraph shall not be ineligible
for such treatment because the thread used to assemble
the article is dyed, printed, or finished in one or more
CBTPA beneficiary countries.
(viii) Textile luggage
Textile luggage--
(I) assembled in a CBTPA beneficiary country from
fabric wholly formed and cut in the United States, from
yarns wholly formed in the United States, that is
entered under subheading 9802.00.80 of the HTS; or
(II) assembled from fabric cut in a CBTPA
beneficiary country from fabric wholly formed in the
United States from yarns wholly formed in the United
States.
(ix) Apparel articles assembled in one or more CBTPA
beneficiary countries from United States and
CBTPA beneficiary country components
Apparel articles sewn or otherwise assembled in one or
more CBTPA beneficiary countries with thread formed in the
United States from components cut in the United States and
in one or more CBTPA beneficiary countries from fabric
wholly formed in the United States from yarns wholly formed
in the United States, or from components knit-to-shape in
the United States and one or more CBTPA beneficiary
countries from yarns wholly formed in the United States, or
both (including fabrics not formed from yarns, if such
fabrics are classifiable under heading 5602 or 5603 of the
HTS). Apparel articles shall qualify under this clause only
if they meet the requirements of clause (i) or (ii) (as the
case may be) with respect to dyeing, printing, and finishing
of knit and woven fabrics from which the articles are
assembled.
(B) Preferential treatment
Except as provided in subparagraph (E), during the
transition period, the articles to which this subparagraph
applies shall enter the United States free of duty and free of
any quantitative restrictions, limitations, or consultation
levels.
(C) Handloomed, handmade, and folklore articles
For purposes of subparagraph (A)(vi), the President shall
consult with representatives of the CBTPA beneficiary countries
concerned for the purpose of identifying particular textile and
apparel goods that are mutually agreed upon as being handloomed,
handmade, or folklore goods of a kind described in section
2.3(a), (b), or (c) of the Annex or Appendix 3.1.B.11 of the
Annex.
(D) Penalties for transshipments
(i) Penalties for exporters
If the President determines, based on sufficient
evidence, that an exporter has engaged in transshipment with
respect to textile or apparel articles from a CBTPA
beneficiary country, then the President shall deny all
benefits under this chapter to such exporter, and any
successor of such exporter, for a period of 2 years.
(ii) Penalties for countries
Whenever the President finds, based on sufficient
evidence, that transshipment has occurred, the President
shall request that the CBTPA beneficiary country or
countries through whose territory the transshipment has
occurred take all necessary and appropriate actions to
prevent such transshipment. If the President determines that
a country is not taking such actions, the President shall
reduce the quantities of textile and apparel articles that
may be imported into the United States from such country by
the quantity of the transshipped articles multiplied by 3,
to the extent consistent with the obligations of the United
States under the WTO.
(iii) Transshipment described
Transshipment within the meaning of this subparagraph
has occurred when preferential treatment under subparagraph
(B) has been claimed for a textile or apparel article on the
basis of material false information concerning the country
of origin, manufacture, processing, or assembly of the
article or any of its components. For purposes of this
clause, false information is material if disclosure of the
true information would mean or would have meant that the
article is or was ineligible for preferential treatment
under subparagraph (B).
(E) Bilateral emergency actions
(i) In general
The President may take bilateral emergency tariff
actions of a kind described in section 4 of the Annex with
respect to any apparel article imported from a CBTPA
beneficiary country if the application of tariff treatment
under subparagraph (B) to such article results in conditions
that would be cause for the taking of such actions under
such section 4 with respect to a like article described in
the same 8-digit subheading of the HTS that is imported from
Mexico.
(ii) Rules relating to bilateral emergency action
For purposes of applying bilateral emergency action
under this subparagraph--
(I) the requirements of paragraph (5) of section 4
of the Annex (relating to providing compensation) shall
not apply;
(II) the term ``transition period'' in section 4 of
the Annex shall have the meaning given that term in
paragraph (5)(D) of this subsection; and
(III) the requirements to consult specified in
section 4 of the Annex shall be treated as satisfied if
the President requests consultations with the CBTPA
beneficiary country in question and the country does not
agree to consult within the time period specified under
section 4.
(3) Transition period treatment of certain other articles
originating in beneficiary countries
(A) Equivalent tariff treatment
(i) In general
Subject to clause (ii), the tariff treatment accorded at
any time during the transition period to any article
referred to in any of subparagraphs (B) through (F) of
paragraph (1) that is a CBTPA originating good shall be
identical to the tariff treatment that is accorded at such
time under Annex 302.2 of the NAFTA to an article described
in the same 8-digit subheading of the HTS that is a good of
Mexico and is imported into the United States.
(ii) Exception
Clause (i) does not apply to any article accorded duty-
free treatment under U.S. Note 2(b) to subchapter II of
chapter 98 of the HTS.
(B) Relationship to subsection (h) duty reductions
If at any time during the transition period the rate of duty
that would (but for action taken under subparagraph (A)(i) in
regard to such period) apply with respect to any article under
subsection (h) of this section is a rate of duty that is lower
than the rate of duty resulting from such action, then such
lower rate of duty shall be applied for the purposes of
implementing such action.
(4) Customs procedures
(A) In general
(i) Regulations
Any importer that claims preferential treatment under
paragraph (2) or (3) shall comply with customs procedures
similar in all material respects to the requirements of
Article 502(1) of the NAFTA as implemented pursuant to
United States law, in accordance with regulations
promulgated by the Secretary of the Treasury.
(ii) Determination
(I) In general
In order to qualify for the preferential treatment
under paragraph (2) or (3) and for a Certificate of
Origin to be valid with respect to any article for which
such treatment is claimed, there shall be in effect a
determination by the President that each country
described in subclause (II)--
(aa) has implemented and follows; or
(bb) is making substantial progress toward
implementing and following,
procedures and requirements similar in all material respects
to the relevant procedures and requirements under
chapter 5 of the NAFTA.
(II) Country described
A country is described in this subclause if it is a
CBTPA beneficiary country--
(aa) from which the article is exported; or
(bb) in which materials used in the production
of the article originate or in which the article or
such materials undergo production that contributes
to a claim that the article is eligible for
preferential treatment under paragraph (2) or (3).
(B) Certificate of origin
The Certificate of Origin that otherwise would be required
pursuant to the provisions of subparagraph (A) shall not be
required in the case of an article imported under paragraph (2)
or (3) if such Certificate of Origin would not be required under
Article 503 of the NAFTA (as implemented pursuant to United
States law), if the article were imported from Mexico.
(C) Report by USTR on cooperation of other countries concerning
circumvention
The United States Commissioner of Customs shall conduct a
study analyzing the extent to which each CBTPA beneficiary
country--
(i) has cooperated fully with the United States,
consistent with its domestic laws and procedures, in
instances of circumvention or alleged circumvention of
existing quotas on imports of textile and apparel goods, to
establish necessary relevant facts in the places of import,
export, and, where applicable, transshipment, including
investigation of circumvention practices, exchanges of
documents, correspondence, reports, and other relevant
information, to the extent such information is available;
(ii) has taken appropriate measures, consistent with its
domestic laws and procedures, against exporters and
importers involved in instances of false declaration
concerning fiber content, quantities, description,
classification, or origin of textile and apparel goods; and
(iii) has penalized the individuals and entities
involved in any such circumvention, consistent with its
domestic laws and procedures, and has worked closely to seek
the cooperation of any third country to prevent such
circumvention from taking place in that third country.
The Trade Representative shall submit to Congress, not later
than October 1, 2001, a report on the study conducted under this
subparagraph.
(5) Definitions and special rules
For purposes of this subsection--
(A) Annex
The term ``the Annex'' means Annex 300-B of the NAFTA.
(B) CBTPA beneficiary country
The term ``CBTPA beneficiary country'' means any
``beneficiary country'', as defined in section 2702(a)(1)(A) of
this title, which the President designates as a CBTPA
beneficiary country, taking into account the criteria contained
in subsections (b) and (c) of section 2702 of this title and
other appropriate criteria, including the following:
(i) Whether the beneficiary country has demonstrated a
commitment to--
(I) undertake its obligations under the WTO,
including those agreements listed in section 3511(d) of
this title, on or ahead of schedule; and
(II) participate in negotiations toward the
completion of the FTAA or another free trade agreement.
(ii) The extent to which the country provides protection
of intellectual property rights consistent with or greater
than the protection afforded under the Agreement on Trade-
Related Aspects of Intellectual Property Rights described in
section 3511(d)(15) of this title.
(iii) The extent to which the country provides
internationally recognized worker rights, including--
(I) the right of association;
(II) the right to organize and bargain collectively;
(III) a prohibition on the use of any form of forced
or compulsory labor;
(IV) a minimum age for the employment of children;
and
(V) acceptable conditions of work with respect to
minimum wages, hours of work, and occupational safety
and health;
(iv) Whether the country has implemented its commitments
to eliminate the worst forms of child labor, as defined in
section 507(6) of the Trade Act of 1974 [19 U.S.C. 2467(6)].
(v) The extent to which the country has met the counter-
narcotics certification criteria set forth in section 2291j
of title 22 for eligibility for United States assistance.
(vi) The extent to which the country has taken steps to
become a party to and implements the Inter-American
Convention Against Corruption.
(vii) The extent to which the country--
(I) applies transparent, nondiscriminatory, and
competitive procedures in government procurement
equivalent to those contained in the Agreement on
Government Procurement described in section 3511(d)(17)
of this title; and
(II) contributes to efforts in international fora to
develop and implement international rules in
transparency in government procurement.
(C) CBTPA originating good
(i) In general
The term ``CBTPA originating good'' means a good that
meets the rules of origin for a good set forth in chapter 4
of the NAFTA as implemented pursuant to United States law.
(ii) Application of chapter 4
In applying chapter 4 of the NAFTA with respect to a
CBTPA beneficiary country for purposes of this subsection--
(I) no country other than the United States and a
CBTPA beneficiary country may be treated as being a
party to the NAFTA;
(II) any reference to trade between the United
States and Mexico shall be deemed to refer to trade
between the United States and a CBTPA beneficiary
country;
(III) any reference to a party shall be deemed to
refer to a CBTPA beneficiary country or the United
States; and
(IV) any reference to parties shall be deemed to
refer to any combination of CBTPA beneficiary countries
or to the United States and one or more CBTPA
beneficiary countries (or any combination thereof).
(D) Transition period
The term ``transition period'' means, with respect to a
CBTPA beneficiary country, the period that begins on October 1,
2000, and ends on the earlier of--
(i) September 30, 2008; or
(ii) the date on which the FTAA or another free trade
agreement that makes substantial progress in achieving the
negotiating objectives set forth in 3317(b)(5) \2\ of this
title enters into force with respect to the United States
and the CBTPA beneficiary country.
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\2\ So in original. Probably should be preceded by ``section''.
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(E) CBTPA
The term ``CBTPA'' means the United States-Caribbean Basin
Trade Partnership Act.
(F) FTAA
The term ``FTAA'' means the Free Trade Area of the Americas.
(c) Sugar and beef products; stable food production plan; suspension of
duty-free treatment; monitoring
(1) As used in this subsection--
(A) The term ``sugar and beef products'' means--
(i) sugars, sirups, and molasses provided for in subheadings
1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30,
1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule of
the United States, and
(ii) articles of beef or veal, however provided for in
chapters 2 and 16 of the Harmonized Tariff Schedule of the
United States.
(B) The term ``Plan'' means a stable food production plan that
consists of measures and proposals designed to ensure that the
present level of food production in, and the nutritional level of
the population of, a beneficiary country will not be adversely
affected by changes in land use and land ownership that will result
if increased production of sugar and beef products is undertaken in
response to the duty-free treatment extended under this chapter to
such products. A Plan must specify such facts regarding, and such
proposed actions by, a beneficiary country as the President deems
necessary for purposes of carrying out this subsection, including
but not limited to--
(i) the current levels of food production and nutritional
health of the population;
(ii) current level of production and export of sugar and
beef products;
(iii) expected increases in production and export of sugar
and beef products as a result of the duty-free access to the
United States market provided under this chapter;
(iv) measures to be taken to ensure that the expanded
production of those products because of such duty-free access
will not occur at the expense of stable food production; and
(v) proposals for a system to monitor the impact of such
duty-free access on stable food production and land use and land
ownership patterns.
(2) Duty-free treatment extended under this chapter to sugar and
beef products that are the product of a beneficiary country shall be
suspended by the President under this subsection if--
(A) the beneficiary country, within the ninety-day period
beginning on the date of its designation as such a country under
section 2702 of this title, does not submit a Plan to the President
for evaluation;
(B) on the basis of his evaluation, the President determines
that the Plan of a beneficiary country does not meet the criteria
set forth in paragraph (1)(B); or
(C) as a result of the monitoring of the operation of the Plan
under paragraph (5), the President determines that a beneficiary
country is not making a good faith effort to implement its Plan, or
that the measures and proposals in the Plan, although being
implemented, are not achieving their purposes.
(3) Before the President suspends duty-free treatment by reason of
paragraph (2)(A), (B), or (C) to the sugar and beef products of a
beneficiary country, he must offer to enter into consultation with the
beneficiary country for purposes of formulating appropriate remedial
action which may be taken by that country to avoid such suspension. If
the beneficiary country thereafter enters into consultation within a
reasonable time and undertakes to formulate remedial action in good
faith, the President shall withhold the suspension of duty-free
treatment on the condition that the remedial action agreed upon be
appropriately implemented by that country.
(4) The President shall monitor on a biennial basis the operation of
the Plans implemented by beneficiary countries, and shall submit a
written report to Congress by March 15 following the close of each
biennium, that--
(A) specifies the extent to which each Plan, and remedial
actions, if any, agreed upon under paragraph (4), have been
implemented; and
(B) evaluates the results of such implementation.
(5) The President shall terminate any suspension of duty-free
treatment imposed under this subsection if he determines that the
beneficiary country has taken appropriate action to remedy the factors
on which the suspension was based.
(d) Tariff-rate quotas
No quantity of an agricultural product subject to a tariff-rate
quota that exceeds the in-quota quantity shall be eligible for duty-free
treatment under this chapter.
(e) Proclamations suspending duty-free treatment
(1) The President may by proclamation suspend the duty-free
treatment provided by this chapter with respect to any eligible article
and may proclaim a duty rate for such article if such action is provided
under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et
seq.] or section 1862 of this title.
(2) In any report by the International Trade Commission to the
President under section 202(f) of the Trade Act of 1974 [19 U.S.C.
2252(f)] regarding any article for which duty-free treatment has been
proclaimed by the President pursuant to this chapter, the Commission
shall state whether and to what extent its findings and recommendations
apply to such article when imported from beneficiary countries.
(3) For purposes of subsections \3\ section 203 of the Trade Act of
1974 [19 U.S.C. 2253(a), (c)], the suspension of the duty-free treatment
provided by this chapter shall be treated as an increase in duty.
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\3\ So in original.
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(4) No proclamation which provides solely for a suspension referred
to in paragraph (3) of this subsection with respect to any article shall
be taken under section 203 of the Trade Act of 1974 [19 U.S.C. 2253]
unless the United States International Trade Commission, in addition to
making an affirmative determination with respect to such article under
section 202(b) of the Trade Act of 1974 [19 U.S.C. 2252(b)], determines
in the course of its investigation under such section that the serious
injury (or threat thereof) substantially caused by imports to the
domestic industry producing a like or directly competitive article
results from the duty-free treatment provided by this chapter.
(5)(A) Any action taken under section 203 of the Trade Act of 1974
[19 U.S.C. 2253] that is in effect when duty-free treatment pursuant to
section 2701 \4\ of this title is proclaimed shall remain in effect
until modified or terminated.
---------------------------------------------------------------------------
\4\ See References in Text note below.
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(B) If any article is subject to any such action at the time duty-
free treatment is proclaimed pursuant to section 2701 of this title, the
President may reduce or terminate the application of such action to the
importation of such article from beneficiary countries prior to the
otherwise scheduled date on which such reduction or termination would
occur pursuant to the criteria and procedures of section 203 of the
Trade Act of 1974 [19 U.S.C. 2253].
(f) Petitions to International Trade Commission
(1) If a petition is filed with the International Trade Commission
pursuant to the provisions of section 201 of the Trade Act of 1974 [19
U.S.C. 2251] regarding a perishable product and alleging injury from
imports from beneficiary countries, then the petition may also be filed
with the Secretary of Agriculture with a request that emergency relief
be granted pursuant to paragraph (3) of this subsection with respect to
such article.
(2) Within fourteen days after the filing of a petition under
paragraph (1) of this subsection--
(A) if the Secretary of Agriculture has reason to believe that a
perishable product from a beneficiary country is being imported into
the United States in such increased quantities as to be a
substantial cause of serious injury, or the threat thereof, to the
domestic industry producing a perishable product like or directly
competitive with the imported product and that emergency action is
warranted, he shall advise the President and recommend that the
President take emergency action; or
(B) the Secretary of Agriculture shall publish a notice of his
determination not to recommend the imposition of emergency action
and so advise the petitioner.
(3) Within seven days after the President receives a recommendation
from the Secretary of Agriculture to take emergency action pursuant to
paragraph (2) of this subsection, he shall issue a proclamation
withdrawing the duty-free treatment provided by this chapter or publish
a notice of his determination not to take emergency action.
(4) The emergency action provided by paragraph (3) of this
subsection shall cease to apply--
(A) upon the taking of action under section 203 of the Trade Act
of 1974 [19 U.S.C. 2253],
(B) on the day a determination by the President not to take
action \3\ under section 203 of such Act [19 U.S.C. 2253] not to
take action \3\ becomes final,
(C) in the event of a report of the United States International
Trade Commission containing a negative finding, on the day the
Commission's report is submitted to the President, or
(D) whenever the President determines that because of changed
circumstances such relief is no longer warranted.
(5) For purposes of this subsection, the term ``perishable product''
means--
(A) live plants and fresh cut flowers provided for in chapter 6
of the HTS;
(B) fresh or chilled vegetables provided for in headings 0701
through 0709 (except subheading 0709.52.00) and heading 0714 of the
HTS;
(C) fresh fruit provided for in subheadings 0804.20 through
0810.90 (except citrons of subheading 0805.90.00, tamarinds and kiwi
fruit of subheading 0810.90.20, and cashew apples, mameyes
colorados, sapodillas, soursops and sweetsops of subheading
0810.90.40) of the HTS; and
(D) concentrated citrus fruit juice provided for in subheadings
2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of
the HTS.
(g) Fees not affected by proclamation
No proclamation issued pursuant to this chapter shall affect fees
imposed pursuant to section 624 of title 7.
(h) Duty reduction for certain leather-related products
(1) Subject to paragraph (2), the President shall proclaim
reductions in the rates of duty on handbags, luggage, flat goods, work
gloves, and leather wearing apparel that--
(A) are the product of any beneficiary country; and
(B) were not designated on August 5, 1983, as eligible articles
for purposes of the generalized system of preferences under title V
of the Trade Act of 1974 [19 U.S.C. 2461 et seq.].
(2) The reduction required under paragraph (1) in the rate of duty
on any article shall--
(A) result in a rate that is equal to 80 percent of the rate of
duty that applies to the article on December 31, 1991, except that,
subject to the limitations in paragraph (3), the reduction may not
exceed 2.5 percent ad valorem; and
(B) be implemented in 5 equal annual stages with the first one-
fifth of the aggregate reduction in the rate of duty being applied
to entries, or withdrawals from warehouse for consumption, of the
article on or after January 1, 1992.
(3) The reduction required under this subsection with respect to the
rate of duty on any article is in addition to any reduction in the rate
of duty on that article that may be proclaimed by the President as being
required or appropriate to carry out any trade agreement entered into
under the Uruguay Round of trade negotiations; except that if the
reduction so proclaimed--
(A) is less than 1.5 percent ad valorem, the aggregate of such
proclaimed reduction and the reduction under this subsection may not
exceed 3.5 percent ad valorem, or
(B) is 1.5 percent ad valorem or greater, the aggregate of such
proclaimed reduction and the reduction under this subsection may not
exceed the proclaimed reduction plus 1 percent ad valorem.
(Pub. L. 98-67, title II, Sec. 213, Aug. 5, 1983, 97 Stat. 387; Pub. L.
98-573, title II, Sec. 235, Oct. 30, 1984, 98 Stat. 2992; Pub. L. 99-
514, title IV, Sec. 423(f)(2), title XVIII, Sec. 1890, Oct. 22, 1986,
100 Stat. 2232, 2926; Pub. L. 100-418, title I, Secs. 1214(q)(2),
1401(b)(2), Aug. 23, 1988, 102 Stat. 1159, 1239; Pub. L. 100-647, title
IX, Sec. 9001(a)(14), Nov. 10, 1988, 102 Stat. 3808; Pub. L. 101-382,
title II, Secs. 212, 215(a), Aug. 20, 1990, 104 Stat. 655, 657; Pub. L.
103-465, title IV, Sec. 404(e)(1), Dec. 8, 1994, 108 Stat. 4961; Pub. L.
106-200, title II, Secs. 211(a), (e)(1)(B), 212, May 18, 2000, 114 Stat.
276, 287, 288; Pub. L. 107-206, title III, Sec. 3001[(a)], Aug. 2, 2002,
116 Stat. 909; Pub. L. 107-210, div. C, title XXXI, Sec. 3107(a), Aug.
6, 2002, 116 Stat. 1035.)
References in Text
Section 423 of the Tax Reform Act of 1986, referred to in subsec.
(a)(1), is section 423 of Pub. L. 99-514, title IV, Oct. 22, 1986, 100
Stat. 2230, which amended this section and General Headnote 3(a)(i) of
the Tariff Schedules of the United States formerly set out under section
1202 of this title, and enacted provisions set out as a note below.
The Trade Act of 1974, referred to in subsecs. (b)(1)(B), (e)(1),
and (h)(1)(B), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
amended. Chapter 1 of title II of the Trade Act of 1974 is classified
generally to part 1 (Sec. 2251 et seq.) of subchapter II of chapter 12
of this title. Title V of the Trade Act of 1974 is classified generally
to subchapter V (Sec. 2461 et seq.) of chapter 12 of this title. For
complete classification of this Act to the Code, see section 2101 of
this title and Tables.
The United States-Caribbean Basin Trade Partnership Act, referred to
in subsec. (b)(5)(E), is title II of Pub. L. 106-200, May 18, 2000, 114
Stat. 275, which amended this section and sections 2701, 2702, 2704,
3202, and 3204 of this title and enacted provisions set out as notes
under section 2701 of this title. For complete classification of this
Act to the Code, see Short Title of 2000 Amendment note set out under
section 2701 of this title and Tables.
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (c)(1)(A), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
Section 2701 of this title, referred to in subsec. (e)(5)(A), was in
the original ``section 101 of this title'' which has been translated as
the probable intent of Congress as meaning section 211 of this title.
Amendments
2002--Subsec. (b)(2)(A)(i). Pub. L. 107-210, Sec. 3107(a)(1)(B),
inserted at end ``Apparel articles entered on or after September 1,
2002, shall qualify under the preceding sentence only if all dyeing,
printing, and finishing of the fabrics from which the articles are
assembled, if the fabrics are knit fabrics, is carried out in the United
States. Apparel articles entered on or after September 1, 2002, shall
qualify under the first sentence of this clause only if all dyeing,
printing, and finishing of the fabrics from which the articles are
assembled, if the fabrics are woven fabrics, is carried out in the
United States.''
Pub. L. 107-210, Sec. 3107(a)(1)(A), added introductory provisions
and struck out former introductory provisions which read as follows:
``Apparel articles assembled in one or more CBTPA beneficiary countries
from fabrics wholly formed and cut in the United States, from yarns
wholly formed in the United States, (including fabrics not formed from
yarns, if such fabrics are classifiable under heading 5602 or 5603 of
the HTS and are wholly formed and cut in the United States) that are--
''.
Pub. L. 107-206, Sec. 3001[(a)](1), inserted at end ``Apparel
articles shall qualify under the preceding sentence only if all dyeing,
printing, and finishing of the fabrics from which the articles are
assembled, if the fabrics are knit fabrics, is carried out in the United
States. Apparel articles shall qualify under the first sentence of this
clause only if all dyeing, printing, and finishing of the fabrics from
which the articles are assembled, if the fabrics are woven fabrics, is
carried out in the United States.''
Subsec. (b)(2)(A)(ii). Pub. L. 107-210, Sec. 3107(a)(2), amended
heading and text of cl. (ii) generally. Prior to amendment, text read as
follows: ``Apparel articles cut in one or more CBTPA beneficiary
countries from fabric wholly formed in the United States from yarns
wholly formed in the United States (including fabrics not formed from
yarns, if such fabrics are classifiable under heading 5602 or 5603 of
the HTS and are wholly formed in the United States), if such articles
are assembled in one or more such countries with thread formed in the
United States.''
Pub. L. 107-206, Sec. 3001[(a)](2), inserted at end ``Apparel
articles shall qualify under the preceding sentence only if all dyeing,
printing, and finishing of the fabrics from which the articles are
assembled, if the fabrics are knit fabrics, is carried out in the United
States. Apparel articles shall qualify under the first sentence of this
clause only if all dyeing, printing, and finishing of the fabrics from
which the articles are assembled, if the fabrics are woven fabrics, is
carried out in the United States.''
Subsec. (b)(2)(A)(iii)(II). Pub. L. 107-210, Sec. 3107(a)(3),
amended subcl. (II) generally. Prior to amendment, subcl. (II) read as
follows: ``The amount referred to in subclause (I) is--
``(aa) 250,000,000 square meter equivalents during the 1-year
period beginning on October 1, 2000, increased by 16 percent,
compounded annually, in each succeeding 1-year period through
September 30, 2004; and
``(bb) in each 1-year period thereafter through September 30,
2008, the amount in effect for the 1-year period ending on September
30, 2004, or such other amount as may be provided by law.''
Subsec. (b)(2)(A)(iii)(IV). Pub. L. 107-210, Sec. 3107(a)(4),
amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read as
follows: ``the amount referred to in subclause (III) is--
``(aa) 4,200,000 dozen during the 1-year period beginning on
October 1, 2000, increased by 16 percent, compounded annually, in
each succeeding 1-year period through September 30, 2004; and
``(bb) in each 1-year period thereafter, the amount in effect
for the 1-year period ending on September 30, 2004, or such other
amount as may be provided by law.''
Subsec. (b)(2)(A)(iv). Pub. L. 107-210, Sec. 3107(a)(5), amended
heading and text of cl. (iv) generally. Prior to amendment, text read as
follows:
``(I) Subject to subclause (II), any apparel article classifiable
under subheading 6212.10 of the HTS, if the article is both cut and sewn
or otherwise assembled in the United States, or one or more of the CBTPA
beneficiary countries, or both.
``(II) During the 1-year period beginning on October 1, 2001, and
during each of the six succeeding 1-year periods, apparel articles
described in subclause (I) of a producer or an entity controlling
production shall be eligible for preferential treatment under
subparagraph (B) only if the aggregate cost of fabric components formed
in the United States that are used in the production of all such
articles of that producer or entity during the preceding 1-year period
is at least 75 percent of the aggregate declared customs value of the
fabric contained in all such articles of that producer or entity that
are entered during the preceding 1-year period.
``(III) The United States Customs Service shall develop and
implement methods and procedures to ensure ongoing compliance with the
requirement set forth in subclause (II). If the Customs Service finds
that a producer or an entity controlling production has not satisfied
such requirement in a 1-year period, then apparel articles described in
subclause (I) of that producer or entity shall be ineligible for
preferential treatment under subparagraph (B) during any succeeding 1-
year period until the aggregate cost of fabric components formed in the
United States used in the production of such articles of that producer
or entity in the preceding 1-year period is at least 85 percent of the
aggregate declared customs value of the fabric contained in all such
articles of that producer or entity that are entered during the
preceding 1-year period.''
Subsec. (b)(2)(A)(vii)(V). Pub. L. 107-210, Sec. 3107(a)(6), added
subcl. (V).
Subsec. (b)(2)(A)(ix). Pub. L. 107-210, Sec. 3107(a)(7), added cl.
(ix).
2000--Subsec. (a)(1). Pub. L. 106-200, Sec. 211(e)(1)(B), inserted
``and except as provided in subsection (b)(2) and (3) of this section,''
after ``Tax Reform Act of 1986,'' in introductory provisions.
Subsec. (a)(5). Pub. L. 106-200, Sec. 212(1), made technical
amendment to reference in original act which appears in text as
reference to this chapter.
Subsec. (a)(6). Pub. L. 106-200, Sec. 212(2), added par. (6).
Subsec. (b). Pub. L. 106-200, Sec. 211(a), inserted heading and
amended text generally. Prior to amendment, text read as follows: ``The
duty-free treatment provided under this chapter shall not apply to--
``(1) textile and apparel articles which are subject to textile
agreements;
``(2) footwear not designated at the time of the effective date
of this chapter as eligible articles for the purpose of the
generalized system of preferences under title V of the Trade Act of
1974;
``(3) tuna, prepared or preserved in any manner, in airtight
containers;
``(4) petroleum, or any product derived from petroleum, provided
for in headings 2709 and 2710 of the Harmonized Tariff Schedule of
the United States;
``(5) watches and watch parts (including cases, bracelets and
straps), of whatever type including, but not limited to, mechanical,
quartz digital or quartz analog, if such watches or watch parts
contain any material which is the product of any country with
respect to which HTS column 2 rates of duty apply; or
``(6) articles to which reduced rates of duty apply under
subsection (h) of this section.''
1994--Subsec. (d). Pub. L. 103-465 amended subsec. (d) generally,
substituting present provisions for provisions which established price
support program protection for certain agricultural products from
beneficiary countries.
1990--Subsec. (a)(5). Pub. L. 101-382, Sec. 215(a), added par. (5).
Subsec. (b)(2). Pub. L. 101-382, Sec. 212(b)(1), struck out ``,
handbags, luggage, flat goods, work gloves, and leather wearing
apparel'' after ``footwear''.
Subsec. (b)(6). Pub. L. 101-382, Sec. 212(b)(2)-(4), added par. (6).
Subsec. (h). Pub. L. 101-382, Sec. 212(a), added subsec. (h).
1988--Subsec. (b)(4). Pub. L. 100-418, Sec. 1214(q)(2)(A)(i),
substituted ``headings 2709 and 2710 of the Harmonized Tariff Schedule
of the United States'' for ``part 10 of schedule 4 of the TSUS''.
Subsec. (b)(5). Pub. L. 100-418, Sec. 1214(q)(2)(A)(ii), substituted
``HTS'' for ``TSUS''.
Subsec. (c)(1)(A)(i). Pub. L. 100-418, Sec. 1214(q)(2)(B)(i),
substituted ``subheadings 1701.11.00, 1701.12.00, 1701.91.20,
1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized
Tariff Schedule of the United States'' for ``items 155.20 and 155.30 of
the TSUS''.
Subsec. (c)(1)(A)(ii). Pub. L. 100-418, Sec. 1214(q)(2)(B)(ii),
substituted ``chapters 2 and 16 of the Harmonized Tariff Schedule of the
United States'' for ``subpart B of part 2 of schedule 1 of the TSUS''.
Subsec. (d). Pub. L. 100-418, Sec. 1214(q)(2)(C), substituted
``subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00,
1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule
of the United States'' for ``items 155.20 and 155.30 of the TSUS''.
Subsec. (e)(1). Pub. L. 100-418, Sec. 1401(b)(2)(A), substituted
``provided under chapter 1 of title II'' for ``proclaimed pursuant to
section 203''.
Subsec. (e)(2). Pub. L. 100-418, Sec. 1401(b)(2)(B), substituted
``section 202(f)'' for ``section 201(d)(1)''.
Subsec. (e)(3). Pub. L. 100-418, Sec. 1401(b)(2)(C), substituted
``section 203'' for ``(a) and (c) of section 203''.
Subsec. (e)(4). Pub. L. 100-418, Sec. 1401(b)(2)(D), substituted
``taken under section 203'' for ``made under subsections (a) and (c) of
section 203'', ``under section 202(b) of the Trade Act of 1974'' for
``under section 201(b) of the Trade Act of 1974'', and ``under such
section'' for ``under section 201(b) of such Act''.
Subsec. (e)(5)(A). Pub. L. 100-418, Sec. 1401(b)(2)(E)(i),
substituted ``action taken under section 203'' for ``proclamation issued
pursuant to section 203''.
Subsec. (e)(5)(B). Pub. L. 100-418, Sec. 1401(b)(2)(E)(ii),
substituted ``to any such action'' for ``to import relief'', ``such
action'' for ``such import relief'', and ``section 203'' for
``subsections (h) and (i) of section 203''.
Subsec. (f)(4)(A). Pub. L. 100-418, Sec. 1401(b)(2)(F)(i),
substituted ``taking of action under section 203'' for ``proclamation of
import relief pursuant to section 202(a)(1)''.
Subsec. (f)(4)(B). Pub. L. 100-418, Sec. 1401(b)(2)(F)(ii), amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
``on the day the President makes a determination pursuant to section
203(b)(2) of such Act [19 U.S.C. 2253(b)(2)] not to impose import
relief,''.
Subsec. (f)(5)(A). Pub. L. 100-418, Sec. 1214(q)(2)(D)(i), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``live plants provided for in subpart A of part 6 of schedule 1 of the
TSUS;''.
Subsec. (f)(5)(B). Pub. L. 100-418, Sec. 1214(q)(2)(D)(ii),
substituted ``headings 0701 through 0709 (except subheading 0709.52.00)
and heading 0714 of the HTS'' for ``items 135.10 through 138.46 of the
TSUS''.
Subsec. (f)(5)(C). Pub. L. 100-418, Sec. 1214(q)(2)(D)(iv), as
amended by Pub. L. 100-647, Sec. 9001(a)(14), redesignated subpar. (D)
as (C) and substituted ``subheadings 0804.20 through 0810.90 (except
citrons of subheading 0805.90.00, tamarinds and kiwi fruit of subheading
0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops
and sweetsops of subheading 0810.90.40) of the HTS; and'' for ``items
146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03
through 147.33, 147.50 through 149.21 and 149.50 of the TSUS;''.
Pub. L. 100-418, Sec. 1214(q)(2)(D)(iii), struck out subpar. (C)
``fresh mushrooms provided for in item 144.10 of the TSUS;''.
Subsec. (f)(5)(D). Pub. L. 100-418, Sec. 1214(q)(2)(D)(vi), as
amended by Pub. L. 100-647, Sec. 9001(a)(14)(C), redesignated subpar.
(F) as (D) and substituted ``subheading 2009.11.00, 2009.19.40,
2009.30.20, and 2009.30.60 of the HTS'' for ``item 165.35 of the TSUS''.
Former subpar. (D) redesignated (C).
Subsec. (f)(5)(E). Pub. L. 100-418, Sec. 1214(q)(2)(D)(v), struck
out subpar. (E) ``fresh cut flowers provided for in items 192.17,
192.18, and 192.21 of the TSUS; and''.
Subsec. (f)(5)(F). Pub. L. 100-418, Sec. 1214(q)(2)(D)(vi), as
amended by Pub. L. 100-647, Sec. 9001(a)(14)(C), redesignated subpar.
(F) as (D).
1986--Subsec. (a)(1). Pub. L. 99-514, Sec. 423(f)(2), inserted ``and
subject to section 423 of the Tax Reform Act of 1986,''.
Subsec. (a)(3), (4). Pub. L. 99-514, Sec. 1890(1), redesignated par.
(3) relating to products of a beneficiary country imported directly into
Puerto Rico as (4), realigned the margins, and substituted ``any
beneficiary'' for ``such''.
Subsec. (f)(5)(B). Pub. L. 99-514, Sec. 1890(2), substituted
``138.46'' for ``138.42''.
1984--Subsec. (a)(3). Pub. L. 98-573 added par. (3) relating to
products of a beneficiary country imported directly from such country
into Puerto Rico.
Effective Date of 2002 Amendments
Pub. L. 107-210, div. C, title XXXI, Sec. 3107(b), Aug. 6, 2002, 116
Stat. 1038, provided that: ``The amendment made by subsection (a)(3)
[amending this section] shall take effect on October 1, 2002.''
Pub. L. 107-206, title III, Sec. 3001(c), Aug. 2, 2002, 116 Stat.
910, provided that: ``Subsection (b) [enacting provisions set out as a
note under section 3203 of this title] and the amendments made by
subsection (a) [amending this section] shall take effect--
``(1) 90 days after the date of the enactment of this Act [Aug.
2, 2002], or
``(2) September 1, 2002,
whichever occurs first.''
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective on the date of entry into
force of the WTO Agreement with respect to the United States [Jan. 1,
1995], except as otherwise provided, see section 451 of Pub. L. 103-465,
set out as an Effective Date note under section 3601 of this title.
Effective Date of 1990 Amendment
Section 215(b) of Pub. L. 101-382 provided that:
``(1) The amendment made by subsection (a) [amending this section]
shall apply with respect to articles entered, or withdrawn from
warehouse for consumption, on or after October 1, 1990.
``(2) Notwithstanding section 514 of the Tariff Act of 1930 [19
U.S.C. 1514] or any other provision of law, upon proper request filed
with the appropriate customs officer after September 30, 1990, and
before April 1, 1991, any entry, or withdrawal from warehouse--
``(A) which was made after August 5, 1983, and before October 1,
1990, and with respect to which liquidation has not occurred before
October 1, 1990, and
``(B) with respect to which there would have been no duty, or a
lesser duty, if the amendment made by subsection (a) applied,
shall be liquidated as though such amendment applied to such entry or
withdrawal.''
Effective Date of 1988 Amendments
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set out
as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
Amendment by section 1214(q)(2) of Pub. L. 100-418 effective Jan. 1,
1989, and applicable with respect to articles entered on or after such
date, see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
Date note under section 3001 of this title.
Amendment by section 1401(b)(2) of Pub. L. 100-418 effective Aug.
23, 1988, and applicable with respect to investigations initiated under
part 1 (Sec. 2251 et seq.) of subchapter II of chapter 12 of this title
on or after that date, see section 1401(c) of Pub. L. 100-418, set out
as a note under section 2251 of this title.
Effective Date of 1986 Amendment
Section 423(g) of Pub. L. 99-514 provided that:
``(1) The provisions of, and the amendments made by, this section
(other than subsection (e)) [amending this section and General Headnote
3(a)(i) of the Tariff Schedules of the United States formerly set out
under section 1202 of this title and enacting provisions set out as a
note below] shall apply to articles entered--
``(A) after December 31, 1986, and
``(B) before the expiration of the effective period of item
901.50 of the Appendix to the Tariff Schedules of the United States
[not classified to the Code].
``(2) The provisions of subsection (e) [set out as a note below]
shall take effect on the date of the enactment of this Act [Oct. 22,
1986].''
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note under
section 1304 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c)(4) of this section relating to submitting a written report to
Congress by March 15 following the close of each biennium, see section
3003 of Pub. L. 104-66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 25 of House Document No. 103-7.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Ethyl Alcohol and Mixtures Thereof for Fuel Use
Section 423(a)-(c), (e) of Pub. L. 99-514, as amended by Pub. L.
100-418, title I, Sec. 1910(a), Aug. 23, 1988, 102 Stat. 1319; Pub. L.
101-221, Sec. 7(a), Dec. 12, 1989, 103 Stat. 1890, provided that:
``(a) In General.--Except as provided in subsection (b), no ethyl
alcohol or a mixture thereof may be considered--
``(1) for purposes of general headnote 3(a) of the Tariff
Schedules of the United States [formerly set out under section 1202
of this title], to be--
``(A) the growth or product of an insular possession of the
United States,
``(B) manufactured or produced in an insular possession from
materials which are the growth, product, or manufacture of any
such possession, or
``(C) otherwise eligible for exemption from duty under such
headnote as the growth or product of an insular possession; or
``(2) for purposes of section 213 of the Caribbean Basin
Economic Recovery Act [19 U.S.C. 2703], to be--
``(A) an article that is wholly the growth, product, or
manufacture of a beneficiary country,
``(B) a new or different article of commerce which has been
grown, produced, or manufactured in a beneficiary country,
``(C) a material produced in a beneficiary country, or
``(D) otherwise eligible for duty-free treatment under such
Act [19 U.S.C. 2701 et seq.] as the growth, product, or
manufacture of a beneficiary country;
unless the ethyl alcohol or mixture thereof is an indigenous product of
that insular possession or beneficiary country.
``(b) Exception.--
``(1) Subject to the limitation in paragraph (2), subsection (a)
shall not apply to ethyl alcohol that is imported into the United
States during calendar years 1987, 1988, and 1989 and produced in--
``(A) an azeotropic distillation facility located in a
beneficiary country, if that facility was established before,
and in operation on, July 1, 1987,
``(B) an azeotropic distillation facility--
``(i) at least 50 percent of the total value of the
equipment and components of which were--
``(I) produced in the United States, and
``(II) owned by a corporation at least 50 percent of the total
value of the outstanding shares of stock of which were
owned by a United States person (or persons) on or
before January 1, 1986, and
``(ii) substantially all of the equipment and components
of which were, on or before January 1, 1986--
``(I) located in the United States under the possession or
control of such corporation,
``(II) ready for shipment to, and installation in, a
beneficiary country or an insular possession of the
United States, and
``(iii) which--
``(I) has on the date of enactment of this Act [Oct. 22,
1986], or
``(II) will have at the time such facility is placed in
service (based on estimates made before the date of
enactment of this Act),
a stated capacity to produce not more than 42,000,000 gallons
of such product per year, or
``(C) a distillation facility operated by a corporation
which, before the date of enactment of the Omnibus Trade Act of
1987 [probably means the Omnibus Trade and Competitiveness Act
of 1988, Pub. L. 100-418, which was approved Aug. 23, 1988]--
``(i) has completed engineering and design of a full-
scale fermentation facility in the United States Virgin
Islands, and
``(ii) has obtained authorization from authorities of
the United States Virgin Islands to operate a full-scale
fermentation facility.
``(2) The exception provided under paragraph (1) shall cease to
apply during each of calendar years 1987, 1988, and 1989 to ethyl
alcohol produced in a facility described in subparagraph (A), (B),
or (C) of paragraph (1) after 20,000,000 gallons of ethyl alcohol
produced in that facility are entered into the United States during
that year.
``(c) Definitions.--For purposes of this section [amending this
section and General Headnote 3(a)(i) of the Tariff Schedules of the
United States formerly set out under section 1202 of this title and
enacting provisions set out as notes under this section]--
``(1) The term `ethyl alcohol or a mixture thereof' means
(except for purposes of subsection (e)) ethyl alcohol or any mixture
thereof described in item 901.50 of the Appendix to the Tariff
Schedules of the United States [not classified to the Code].
``(2) Ethyl alcohol or a mixture thereof that is produced by a
process of full fermentation in an insular possession or beneficiary
country shall be treated as being an indigenous product of that
possession or country.
``(3)(A) Ethyl alcohol and mixtures thereof that are only
dehydrated within an insular possession or beneficiary country
(hereinafter in this paragraph referred to as `dehydrated alcohol
and mixtures') shall be treated as being indigenous products of that
possession or country only if the alcohol or mixture, when entered,
meets the applicable local feedstock requirement.
``(B) The local feedstock requirement with respect to any
calendar year is--
``(i) 0 percent with respect to the base quantity of
dehydrated alcohol and mixtures that is entered;
``(ii) 30 percent with respect to the 35,000,000 gallons of
dehydrated alcohol and mixtures next entered after the base
quantity; and
``(iii) 50 percent with respect to all dehydrated alcohol
and mixtures entered after the amount specified in clause (ii)
is entered.
``(C) For purposes of this paragraph:
``(i) The term `base quantity' means, with respect to
dehydrated alcohol and mixtures entered during any calendar
year, the greater of--
``(I) 60,000,000 gallons; or
``(II) an amount (expressed in gallons) equal to 7
percent of the United States domestic market for ethyl
alcohol, as determined by the United States International
Trade Commission, during the 12-month period ending on the
preceding September 30;
that is first entered during that calendar year.
``(ii) The term `local feedstock' means hydrous ethyl
alcohol which is wholly produced or manufactured in any insular
possession or beneficiary country.
``(iii) The term `local feedstock requirement' means the
minimum percent, by volume, of local feedstock that must be
included in dehydrated alcohol and mixtures.
``(4) The term `beneficiary country' has the meaning given to
such term under section 212 of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2702).
``(5) The term `United States person' has the meaning given to
such term by section 7701(a)(3) of the Internal Revenue Code of 1986
[26 U.S.C. 7701(a)(3)].
``(6) The term `entered' means entered, or withdrawn from
warehouse, for consumption in the customs territory of the United
States.
``(e) Drawbacks.--
``(1) For purposes of subsections (b) and (j)(2) of section 313
of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section
1888(2) of this Act, any ethyl alcohol (provided for in item 427.88
of the Tariff Schedules of the United States [not classified to the
Code]) or mixture containing such ethyl alcohol (provided for in
part 1, 2, or 10 of schedule 4 of such Schedules) which is subject
to the additional duty imposed by item 901.50 of the Appendix to
such Schedules may be treated as being fungible with, or of being of
the same kind and quality as, any other imported ethyl alcohol
(provided for in item 427.88 of such Schedules) or mixture
containing such ethyl alcohol (provided for in part 1, 2, or 10 of
schedule 4 of such Schedules) only if such other imported ethyl
alcohol or mixture thereof is also subject to such additional duty.
``(2) Paragraph (1) shall not apply with respect to ethyl
alcohol (provided for in item 427.88 of the Tariff Schedules of the
United States) or mixture containing such ethly [ethyl] alcohol
(provided for in part 1, 2, or 10 of schedule 4 of such Schedules)
that is exempt from the additional duty imposed by item 901.50 of
the Appendix to such Schedules by reason of--
``(A) subsection (b), or
``(B) any agreement entered into under section 102(b) of the
Trade Act of 1974 [19 U.S.C. 2112(b)].''
[Section 7(b) of Pub. L. 101-221, as amended by Pub. L. 101-382,
title II, Sec. 225, Aug. 20, 1990, 104 Stat. 660, provided that: ``The
amendments made by subsection (a) [amending section 423 of Pub. L. 99-
514, set out above] shall apply with respect to calendar years after
1989.'']
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII
[Secs. 1801-1899A] of Pub. L. 99-514 require an amendment to any plan,
such plan amendment shall not be required to be made before the first
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub.
L. 99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
Duty-Free Treatment of Imported Rum; Compensation Measures; Presidential
Authority; Report to Congress
Section 214(c) of Pub. L. 98-67, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``If the sum of
the amounts of taxes covered into the treasuries of Puerto Rico or the
United States Virgin Islands pursuant to section 7652(c) of the Internal
Revenue Code of 1986 [26 U.S.C. 7652(c)] is reduced below the amount
that would have been covered over if the imported rum had been produced
in Puerto Rico or the United States Virgin Islands, then the President
shall consider compensation measures and, in this regard, may withdraw
the duty-free treatment on rum provided by this title [this chapter].
The President shall submit a report to the Congress on the measures he
takes.''
Proc. No. 7351. To Implement the United States-Caribbean Basin Trade
Partnership Act
Proc. No. 7351, Oct. 2, 2000, 65 F.R. 59329, provided in pars. (3)
and (5) that the United States Trade Representative (USTR) is authorized
to determine whether each designated beneficiary country has satisfied
the requirements of subsec. (b)(4)(A)(ii) of this section relating to
the implementation of procedures and requirements similar in all
material respects to the relevant procedures and requirements under
chapter 5 of the North American Free Trade Agreement and to exercise the
authority provided to the President under section 2483 of this title to
embody modifications and technical or conforming changes in the
Harmonized Tariff Schedule of the United States (HTS) and is directed to
set forth any such determination in a notice to be published in the
Federal Register, and that such notice would modify general note 17 of
the HTS by listing the countries that satisfy the requirements of
subsec. (b)(4)(A)(ii) of this section, effective Oct. 2, 2000, except
that the modifications to the HTS made by the Annex to the proclamation,
as further modified by any notice to be published in the Federal
Register, would be effective on the date announced by the USTR in such
notice.
Ex. Ord. No. 13191. Implementation of the African Growth and Opportunity
Act and the United States-Caribbean Basin Trade Partnership Act
Ex. Ord. No. 13191, Jan. 17, 2001, 66 F.R. 7271, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the African Growth
and Opportunity Act (Title I of Public Law 106-200) [19 U.S.C. 3701 et
seq.] (AGOA), the United States-Caribbean Basin Trade Partnership Act
(Title II of Public Law 106-200) [see Short Title of 2000 Amendment note
set out under section 2701 of this title] (CBTPA), the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2701 et seq.), and section 301 of title
3, United States Code, and in order to expand international trade and
enhance our economic partnership with sub-Saharan Africa and the
Caribbean Basin, promote investment and economic development and reduce
poverty in those regions, and create new economic opportunities for
American workers and businesses, it is hereby ordered as follows:
Part I--Implementation of the AGOA
Section 1. Apparel Articles Assembled from Fabrics or Yarn Not
Available in Commercial Quantities. The Committee for the Implementation
of Textile Agreements (the ``Committee'') is authorized to exercise the
authority vested in the President under section 112(b)(5)(B)(i) of the
AGOA (19 U.S.C. 3721(b)(5)(B)(i)) to determine whether yarns or fabrics
cannot be supplied by the domestic industry in commercial quantities in
a timely manner. The Committee shall establish procedures to ensure
appropriate public participation in any such determination. The
Committee and the United States Trade Representative (USTR) are jointly
authorized to exercise the authority vested in the President under
sections 112(b)(5)(B)(ii), (iii), and (v) of the AGOA (19 U.S.C.
3721(b)(5)(B)(ii), (iii), and (v)) to obtain advice from the appropriate
advisory committee, to submit a report to the appropriate Congressional
committees, and to consult with those Congressional committees. The USTR
is authorized to exercise the authority vested in the President under
section 112(b)(5)(B)(ii) of the AGOA to obtain advice from the U.S.
International Trade Commission (USITC).
Sec. 2. Handloomed, Handmade, and Folklore Articles. The Committee,
after consultation with the Commissioner, United States Customs Service
(Commissioner), is authorized to exercise the authority vested in the
President under section 112(b)(6) of the AGOA (19 U.S.C. 3721(b)(6)) to
consult with beneficiary sub-Saharan African countries and to determine
which, if any, particular textile and apparel goods shall be treated as
being handloomed, handmade, or folklore articles. The Commissioner shall
take such actions to carry out any such determination as directed by the
Committee.
Sec. 3. Certain Interlinings. The Committee is authorized to
exercise the authority vested in the President under section
112(d)(1)(B)(iii) of the AGOA (19 U.S.C. 3721(d)(1)(B)(iii)) to
determine whether U.S. manufacturers are producing interlinings in the
United States in commercial quantities. The Committee shall establish
procedures to ensure appropriate public participation in any such
determination. The determination or determinations of the Committee
under this section shall be set forth in a notice or notices that the
Committee shall cause to be published in the Federal Register. The
Commissioner shall take such actions to carry out any such determination
as directed by the Committee.
Sec. 4. Penalties for Transshipments. The Committee, after
consultation with the Commissioner, is authorized to exercise the
authority vested in the President under section 113(b)(3) of the AGOA
(19 U.S.C. 3722(b)(3)) to determine, based on sufficient evidence,
whether an exporter has engaged in transshipment and to deny for a
period of 5 years all benefits under section 112 of the AGOA (19 U.S.C.
3721) to any such exporter, any successor of such exporter, and any
other entity owned or operated by the principal of such exporter. The
determination or determinations of the Committee under this section
shall be set forth in a notice or notices that the Committee shall cause
to be published in the Federal Register. The Commissioner shall take
such actions to carry out any such determination as directed by the
Committee.
Sec. 5. Effective Visa Systems. Pursuant to sections 112(a) and
113(a)(1) of the AGOA (19 U.S.C. 3721(a) and 3722(a)(1)), the USTR is
authorized to direct the Commissioner to take such actions as may be
necessary to ensure that textile and apparel articles described in
section 112(b) of the AGOA (19 U.S.C. 3721(b)) that are entered, or
withdrawn from warehouse, for consumption are accompanied by an
appropriate export visa, if the preferential treatment described in
section 112(a) of the AGOA is claimed with respect to such articles.
Part II--Implementation of the CBTPA
Sec. 6. Apparel Articles Assembled from Fabrics or Yarn Not
Available in Commercial Quantities. The Committee is authorized to
exercise the authority vested in the President under section
213(b)(2)(A)(v)(II)(aa) of the CBERA (19 U.S.C.
2703(b)(2)(A)(v)(II)(aa)), as added by section 211(a) of the CBTPA, to
determine whether yarns or fabrics cannot be supplied by the domestic
industry in commercial quantities in a timely manner. The Committee
shall establish procedures to ensure appropriate public participation in
any such determination. The Committee and the USTR are jointly
authorized to exercise the authority vested in the President under
sections 213(b)(2)(A)(v)(II)(bb), (cc), and (ee) of the CBERA (19 U.S.C.
2703(b)(2)(A)(v)(II)(bb), (cc), and (ee)), as added by section 211(a) of
the CBTPA, to obtain advice from the appropriate advisory committee, to
submit a report to the appropriate Congressional committees, and to
consult with those Congressional committees. The USTR is authorized to
exercise the authority vested in the President under section
213(b)(2)(A)(v)(II)(bb) of the CBERA to obtain advice from the USITC.
Sec. 7. Certain Interlinings. The Committee is authorized to
exercise the authority vested in the President under section
213(b)(2)(A)(vii)(II)(cc) of the CBERA (19 U.S.C.
2703(b)(2)(A)(vii)(II)(cc)), as added by section 211(a) of the CBTPA, to
determine whether U.S. manufacturers are producing interlinings in the
United States in commercial quantities. The Committee shall establish
procedures to ensure appropriate public participation in any such
determination. The determination or determinations of the Committee
under this section shall be set forth in a notice or notices that the
Committee shall cause to be published in the Federal Register. The
Commissioner shall take such actions to carry out any such determination
as directed by the Committee.
Sec. 8. Handloomed, Handmade, and Folklore Articles. The Committee,
after consultation with the Commissioner, is authorized to exercise the
authority vested in the President under section 213(b)(2)(C) of the
CBERA (19 U.S.C. 2703(b)(2)(C)), as added by section 211(a) of the
CBTPA, to consult with representatives of CBTPA beneficiary countries
for the purpose of identifying particular textile and apparel goods that
are mutually agreed upon as being handloomed, hand made, or folklore
goods within the meaning of that section. The Commissioner shall take
such actions to carry out any such determination as directed by the
Committee.
Sec. 9. Penalties for Transshipments. The Committee, after
consultation with the Commissioner, is authorized to exercise the
authority vested in the President under section 213(b)(2)(D) of the
CBERA (19 U.S.C. 2703(b)(2)(D)), as added by section 211(a) of the
CBTPA, to determine, based on sufficient evidence, whether an exporter
has engaged in transshipment and, if transshipment has occurred, to deny
all benefits under the CBTPA to any such exporter, and any successor of
such exporter, for a period of 2 years; to request that any CBTPA
beneficiary country through whose territory transshipment has occurred
take all necessary and appropriate actions to prevent such
transshipment; and to impose the penalty provided in section
213(b)(2)(D)(ii) of the CBERA on a CBTPA beneficiary country if the
Committee determines that such country is not taking such actions. The
determination or determinations of the Committee under this section
shall be set forth in a notice or notices that the Committee shall cause
to be published in the Federal Register. The Commissioner shall take
such actions to carry out any such determination as directed by the
Committee.
Sec. 10. Bilateral Emergency Tariff Actions. The Committee is
authorized to exercise the authority vested in the President under
section 213(b)(2)(E) of the CBERA (19 U.S.C. 2703(b)(2)(E)), as added by
section 211(a) of the CBTPA, to take bilateral emergency tariff actions,
if the Committee determines that the conditions provided in section
213(b)(2)(E) of the CBERA are satisfied. The Committee shall establish
procedures to ensure appropriate public participation in any such
determination. The determination or determinations of the Committee
under this section shall be set forth in a notice or notices that the
Committee shall cause to be published in the Federal Register. The
Commissioner shall take such actions to carry out any such bilateral
emergency tariff action as directed by the Committee.
Part III--General Provisions
Sec. 11. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law or equity by a
party against the United States, its agencies, its officers, or any
person.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in section 2702 of this title; title 7
sections 7236, 7937; title 26 section 7652.
