Page:United States Statutes at Large Volume 116 Part 2.djvu/247

 PUBLIC LAW 107-210—AUG. 6, 2002 116 STAT. 1029 under this title 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 ATPDEA 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 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 (A) has been claimed for an 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 (A). "(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 an ATPDEA beneficiary country if the application of tariff treatment under subparagraph (A) 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 mean the period ending December 31, 2006; 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 ATPDEA beneficiary country in question and the country does not agree to consult within the time period specified under section 4 of the Annex. "(4) TUNA. — "(A) GENERAL RULE.— Tuna that is harvested by United States vessels or ATPDEA beneficiary country vessels, that is prepared or preserved in any manner, in an ATPDEA

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