Page:United States Statutes at Large Volume 116 Part 4.djvu/905

 PROCLAMATION 7616-OCT. 31, 2002 116 STAT. 3333 (v) of which at least 75percent of the crew are nationals of such an ATPDEA beneficiary country. (a) Except as provided in this note, textile and apparel articles described in subheadings 9821.11.01 through 9821.11.25, inclusive, of this subchapter that arc imported directly into the customs territory of the United States from a designated ATPDEA beneficiary country enumerated inUS. note I to thisubchapter shall be eligible to enter free of duty and free of any quantitative limitations, restrictions or consultation levelsexcept as provided in this subchapter, under the terms of the provisions set forth insuch subheadings and applicable legal notes, as indicated by the rate of duty of "Free" in the "Special" subcolumn for such provisions. (b) For purposes of subheading 9821.11.16, goods entered under thisprovision must be certified, by a competent authority of a designated ATPDEA beneficiary country enumerated in U.S. note I to thisubchapter, as eligible products of such country, in accordance with requirements established by the appropriate U.S. government authority. (c) For purposes of subheading 9821.11.19, imports of brassieres of a producer or an entity controlling production, during the 12-month period beginning on October 1, 2003. and during each of the two succeeding 12-month periods and the time period beginning October 1, 2006 and ending December 31, 2006, shall be eligible for preferential treatment under this subheading only if the ag^egate cost of fabrics (exclusive of all fmdings and trimmings) formed in the United States that are used inthe production of all such articles of that producer or entity that arc entered and eligible during the preceding 12-month period is at least 75 percent of the aggregate declared customs value of the fabric (exclusive of ail findings and trimmings) contained in all sucharticles of that producer or entity that are entered and eligible under this subheading during the preceding 12-monthperiod. If the Customs Service finds that a producer or an entity controlling production hasnot satisfied such requirement in a 12-month period, then all such apparel articles of that producer or entity shall be ineligible for preferential treatment under this subheading during any succeeding 12-month period until the aggregate cost of fobrics (exclusive of all findings and trimmings) formed in the United Statesthat are used in the production of such articles of that producer or entity entered during the preceding 12-month period is at least 83 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained all such articles of that producer or entity that are entered and eligible under this clause during the preceding 12-month period. (d) For purposes of subheading9821.11.25, the duty-free treatment afforded to goodsimported under such subheading shall be limited, in each of the time periods set forth herein, to an aggregate quantity not to exceed the applicable percentage set forth herein in aggregate square meter equivalents of all apparel articles imported into the United Slates in the preceding one-year period for which data are available: Time Period Applicable Percentage October I. 2002 through September 30, 2003 2% October 1, 2003 through September 30. 2004 2.75% October I, 2004 through September 30, 2005 3.5% October 1, 2005 through September 30, 2006 4. 25% October 1, 2006 through December 31, 2006 5% The aggregate quantity of imports allowed during each enumerated time period shall be published in the Federal Register by the Conrunittec for the Implementation ofTextile Agreements. (e) For purposes of subheading 9821.11.25, duly-free treatment shall be afforded to goods imported under such subheading whetheror not the apparel articles are alsomade from any of the fabrics, fabric components formed or components knit-to-shapc described insubheadings 9821.11.01 through 9821.11.10, inclusive, unless such articles are made exclusively from any of the fabrics, fabric components formed or components knit-to-shape described in such subheadings. (a) A textile or apparel article otherwise eligible for preferential treatment under the provisions of this subchapter shall not be ineligible for such treatment because the article contains- (i) fmdings or trimmings of foreign origin, if the value of such findings andtrimmings doesnot exceed 25 percent of the cost of the components of the assembled article; (ii) certain interlinings of foreign origin, if the value of such interlinings(and any fmdings and trimmings of foreign origin) does not exceed 25 percent of the cost of the components of the assembled article, unless

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