Page:United States Statutes at Large Volume 116 Part 2.djvu/248

 116 STAT. 1030 PUBLIC LAW 107-210—AUG. 6, 2002 beneficiary country, in foil or other flexible airtight containers weighing with their contents not more than 6.8 kilograms each, and that is imported directly into the customs territory of the United States from an ATPDEA beneficiary country, shall enter the United States free of duty and free of any quantitative restrictions. "(B) DEFINITIONS.— In this paragraph— "(i) UNITED STATES VESSEL.—A 'United States vessel' is a vessel having a certificate of documentation with a fishery endorsement under chapter 121 of title 46, United States Code. "(ii) ATPDEA VESSEL.—An ATPDEA vessel' is a vessel— "(I) which is registered or recorded in an ATPDEA beneficiary country; "(II) which sails under the flag of an ATPDEA beneficiary country; "(III) which is at least 75 percent owned by nationals of an ATPDEA beneficiary country or by a company having its principal place of business in an ATPDEA beneficiary country, of which the manager or managers, chairman of the board of directors or of the supervisory board, and the majority of the members of such boards are nationals of an ATPDEA beneficiary country and of which, in the case of a company, at least 50 percent of the capital is owned by an ATPDEA beneficiary country or by public bodies or nationals of an ATPDEA beneficiary country; "(IV) of which the master and officers are nationals of an ATPDEA beneficiary country; and "(V) of which at least 75 percent of the crew are nationals of an ATPDEA beneficiary country. " (5) CUSTOMS PROCEDURES.— "(A) IN GENERAL.— "(i) REGULATIONS.— Any importer that claims pref- erential treatment under paragraph (1), (3), or (4) 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 (1), (3), or (4) 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.

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