Page:United States Statutes at Large Volume 116 Part 2.djvu/249

 PUBLIC LAW 107-210—AUG. 6, 2002 116 STAT. 1031 " (II) COUNTRY DESCRIBED.—A country is described in this subclause if it is an ATPDEA beneficiary country— "(aa) from which the article is exported; or "(bb) in which materials used in the production of the article originate or in which the article or such materials undergo production that contributes to a claim that the article is eligible for preferential treatment under paragraph (1), (3), or (4). " (B) CERTIFICATE OF ORIGIN.—The Certificate of Origin that otherwise would be required pursuant to the provisions of subparagraph (A) shall not be required in the case of an article imported under paragraph (1), (3), or (4) if such Certificate of Origin would not be required under Article 503 of the NAFTA (as implemented pursuant to United States law), if the article were imported from Mexico. "(C) REPORT ON COOPERATION OF ATPDEA COUNTRIES CONCERNING CIRCUMVENTION.— The United States Commissioner of Customs shall conduct a study analyzing the extent to which each ATPDEA beneficiary country— "(i) has cooperated fully with the United States, consistent with its domestic laws and procedures, in instances of circumvention or alleged circumvention of existing quotas on imports of textile and apparel goods, to establish necessary relevant facts in the places of import, export, and, where applicable, transshipment, including investigation of circumvention practices, exchanges of documents, correspondence, reports, and other relevant information, to the extent such information is available; "(ii) has taken appropriate measures, consistent with its domestic laws and procedures, against exporters and importers involved in instances of false declaration concerning quantities, description, classification, or origin of textile and apparel goods; and "(iii) has penalized the individuals and entities involved in any such circumvention, consistent with its domestic laws and procedures, and has worked closely to seek the cooperation of any third country to prevent such circumvention from taking place in that third country. The Commissioner of Customs shall submit to the Con- Deadline, gress, not later than October 1, 2003, a report on the Reports, study conducted under this subparagraph. "(6) DEFINITIONS. —In this subsection— "(A) ANNEX.— The term 'the Annex' means Annex 300- B of the NAFTA. "(B) ATPDEA BENEFICIARY COUNTRY. —The term ATPDEA beneficiary country' means any 'beneficiary country', as defined in section 203(a)(1) of this title, which the President designates as an ATPDEA beneficiary country, taking into account the criteria contained in subsections (c) and (d) of section 203 and other appropriate criteria, including the following:

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