Page:United States Statutes at Large Volume 110 Part 4.djvu/962

 110 STAT. 3058 PUBLIC LAW 104-234—OCT. 2, 1996 Public Law 104-234 104th Congress An Act Ot 9 IQQfi '^° amend the United States-Israel Free Trade Area Implementation Act of 1985 -^ —:—: to provide the President with additional proclamation authority with respect [H.R. 3074] to articles of the West Bank or Gaza Strip or a qualifying industrial zone. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ADDITIONAL PROCLAMATION AUTHORITY. The United States-Israel Free Trade Area Implementation Act of 1985 (19 U.S.C. 2112 note) is amended by adding at the end the following new section: "SEC. 9. ADDITIONAL PROCLAMATION AUTHORITY. "(a) ELIMINATION OR MODIFICATIONS OF DUTIES. —The President is authorized to proclaim elimination or modification of any existing duty as the President determines is necessary to exempt any article from duty if— "(1) that article is wholly the growth, product, or manufacture of the West Bank, the Gaza Strip, or a qualifying industrial zone or is a new or different article of commerce that has been grown, produced, or manufactured in the West Bank, the Gaza Strip, or a qualifying industrial zone; "(2) that article is imported directly from the West Bank, the Gaza Strip, Israel, or a qualifying industrial zone; and "(3) the sum of— "(A) the cost or value of the materials produced in the West Bank, the Gaza Strip, Israel, or a qualifying industrial zone, plus "(B) the direct costs of processing operations performed in the West Bank, the Gaza Strip, Israel, or a qualifying industrial zone, is not less than 35 percent of the appraised value of the product at the time it is entered into the United States. For purposes of determining the 35 percent content requirement contained in paragraph (3), the cost or value of materials which are used in the production of an article in the West Bank, the Gaza Strip, or a qualifying industrial zone, and are the products of the United States, may be counted in an amount up to 15 percent of the appraised value of the article. " (b) APPLICABILITY OF CERTAIN PROVISIONS OF THE AGREE- MENT.— "(1) NONQUALIFYING OPERATIONS.— No article shall be considered a new or different article of commerce under this section, and no material shall be included for purposes of deter-

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