Page:Title 3 CFR 2007 Compilation.djvu/21

 Proclamations Proc. 8114 "(c) Apparel articles of a producer or entity controlling production that are imported directly from Haiti under the terms of heading 9820.61.25 shall enter the United States free of duty during an applicable l-year period specified in subdivision (c)(ii), subject to the limitations set forth in this note, provided that such apparel articles are wholly assembled, or are knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape and yarns, only if, for each entry in the applicable I-year period, the sum or-- (i) the cost or value of the materials produced in Haiti or one or more countries enumerated in subdivision (b) of this note, or any combination thereof, plus (ii) the direct costs of processing operations (as defined in general note 7(b) to the tariff schedule) performed in Haiti or one or more countries enumerated in subdivision (b) of this note, or any combination thereof, is not less than the applicable percentage (as defined in subdivision (0 of this note) of the declared customs value of such apparel articles. (d) In calculating cost or value under subdivision (c)(i) of this note, there shall be deducted the cost or value of-- (i) any foreign materials that are used in the production of the apparel articles in Haiti; and (ii) any foreign materials that are used in the production of the materials described in subdivision (c)(i). (e) For purposes of heading 9820.61.30-- (i) In the initial applicable l-year period beginning on December 20, 2006, the requirements under subdivision (c) relating to applicable percentage may also be met for articles of a producer or an entity controlling production that enter during such initial applicable I-year period by aggregating-- (A) the cost or value of materials under subdivision (c)(i), and (B) the direct costs of precessing operations under subdivision (c)(ii), of all apparel articles for that producer or entity controlling production that are wholly assembled, or are knit-to-shape, in Haiti and are entered during such initial applicable l-year period. (ii) In each applicable l-year period beginning on December 20 during the years 2007, 2008, 2009 and 2010, the requirements under subdivision (cXi) relating to applicable percentage may also be met for articles of a producer or an entity controlling production that enter during such applicable l- year period by aggregating-- (A) the cost or value of materials under subdivision (c)(i), and (B) the direct costs of processing operations under subdivision (c)(ii), of all apparel articles for that producer or entity controlling production that are wholly assembled, or are knit-to-shape, in Haiti and are entered during the preceding applicable l-year period. (iii) In calculating cost or value under subdivision (e)(i) or (e)(ii), there shall be deducted the cost or value of-- (A) any foreign materials that are used in the production of the apparel articles in Haiti; and (B) any foreign materials that are used in the production of the materials described in subdivision (e)(i)(A) or (e)(ii)(A), as the case may be. (iv) (A) The entry of a woven apparel article receiving preferential treatment under heading 9820.62.05 is not included in an annual aggregation under subdivision (eXi) or (eXii). 21

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