Page:Title 3 CFR 2002 Compilation.djvu/176

 Proclamations Proc. 7616 (v) of which at least 75 percent of the crew are nahonals of such an ATPDEA beneficiary country. 3 (a) Except as prowded in th\177s note, textde and apparel articles described in subheadings 9821.11.01 through 9821.11,25, inclusive, of this subchapter that are imported directly into the customs territory of the United States from a designated ATPDEA beneficiary country enumerated in U.S. note I to this subchapter shall be ehgible to enter free of duty and free of any quamitattve limitations, restfictions or consultatlon levels except as provided in this subchapter, under the terms of the provislon\177 set forth in such subfieadings and applicable legal notes, as indicated by the rate of duty of "Free" in the "Spec\177aI" subcolumn for such provisions. (b) For purposes of subheading 9821 11 16, goods entered under th\177s provision must be certified, by a competent authority of a designated ATPDEA beneficiary country enumerated m U.S. note I to this subchapter, as ebgible products of such country, in accordance with reqmrements estabhshed by the appropriate U.S. government autborlly. (c) For purposes of subheading 982 I. 11.19, imports of brassieres of a producer or an entity controlling production, during the 12-month period beginning on October 1, 2003, and during each of the two succeeding 12-month periods and the 0me period beginrang October 1,2006 and ending December 31, 2006, shall be eligible for preferential treatment under this subheading only if the aggregate cost of fabrics (excluswe of all findings and trimmings) formed in the Urnted States that are used in the production of all such articles of that producer or entity that are entered and eligible during the preceding 12 month period is at least 75 percent of the aggregate declared customs value of the fabric (exclu\177lve of all findings and trimmings) contained in all such articles of that producer or entKy that are entered and eligible under this subheading during the preceding 12-month period, If the Customs Service finds that a producer or all entity controlbng production has not satisfied such requirement In a 12-montb period, Ilion all such apparel articles of that producer or entity shall be inehgtble for preferential {reatment under this subheadrag during any succeeding 12-montfi period until the aggregate cost of fabrics (exclusive of all findings and trnnmmgs) formed in tile Urnted States that are used in the productran of such articles of that producer or entity entered dunng the preceding 12-month period is at least 85 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained all such articles of that producer or entity that are entered and eligible under this clause during the preceding 12-month period. (d) For pulposes of subheadrag 9821 1 t ,25, tile duty-fi ee treatment a\177fbrded to goods imported under such subheading shall be braited, in each of the time periods set forth herein, to an aggregate quantity not to exceed the applicable percentage set forth hereto in aggregate square meter equivalents of all apparel articles imported Illto tile United States in tbe preceding one-year period for which data are available: Time Period Apphcable Percentage Octol*er 1, 2002 through September 30, 2003 2% October 1, 2003 through September 30, 2004 2.75% October 1, 2004 through September 30, 2005 3.5% October 1, 2005 through September 30, 2006 4 25% Octobe\177 1, 2006 through December 31, 2006 5% The aggregale quantity of \177mports allowed during each enmnerated time period shall be publisbed in the Federal Register by the Committee for the Irnplenlentation of Textile Agreements. (e) For purposes of subheadrag 9821 11.25, duty-free treatment shall be afforded to goods imported under such subheadrag whether or not the apparel artlcles are also naade ftollq any of the Pabrlcs, fabric conlponents formed or conaponents knit-to shape described m subheadings 9821.11 01 through 9821. I 1.10, inclusive, unless such articles are made exclusively from any of the fabrics, fabric components formed or components knit-to-shape dcscrzbcd In such subheadings, 4. (a) A textile or apparel \177rt\177cle otherwise eligible for preferential treatmenl under the provisions of th\177s subcbapter shall not be lnehglble for such treatment because the article contain\177 0) findings or trimmings of foreign origin, if the value of such findings and trimmings does not exceed 25 percent of the cost of the components of the assembled article; (i 0 certain interfinings of foreign origin, if the value of such interlinings (and any findings and trimmings of fi)relgll Ol'lgln) does not exceed 25 percent of the cost of the components of the assetnbled article, unless 163

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