Page:United States Statutes at Large Volume 98 Part 3.djvu/650

 98 STAT. 3022

Federal Register, publication.

Ante, pp. 3018, ^^19-

PUBLIC LAW 98-573—OCT. 30, 1984

"(I) entered duty-free under this title during such calendar year; and "(II) is in excess of the quantity of that article that would have been so entered during such calendar year if the 1974 limitation applied under paragraph (I)(A) and the 50 percent limitation applied under paragraph (I)(B). "(4) Except in any case to which paragraph (2)(B) applies, the President may waive the application of this subsection if, before j ^ j y j ^f ^j^g calendar year beginning after the calendar year for which a determination described in paragraph (1) was made, the President determines and publishes in the Federal Register that, with respect to such country— "(A) there has been an historical preferential trade relationship between the United States and such country, ' (B) there is a treaty or trade agreement in force covering economic relations between such country and the United States, and "(C) such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce. "(5) A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of this subsection may be redesignated a beneficiary developing country with respnect to such article, subject to the provisions of sections 501 and 502, if imports of such article from such country did not exceed the limitations in paragraph (1) (after application of paragraph (2)) during the preceding calendar year. "(6)(A) This subsection shall not apply to any beneficiary developing country which the President determines, based on the considerations described in sections 501 and 502(c), to be a least-developed beneficiary developing country. "(B) The President shall— "(i) make a determination under subparagraph (A) with respect to each beneficiary developing country before July 4, 1985, and periodically thereafter, and "(ii) notify the Congress at least 60 days before any such determination becomes final. "(7) For purposes of this subsection, the term 'country' does not include an association of countries which is treated as one country under section 502(a)(3), but does include a country which is a member of any such association. "(d)(1) Subsection (c)(l)(B) (after application of subsection (c)(2)) shall not apply with respect to any eligible article if a like or directly competitive article is not produced in the United States on January 3, 1985. "(2) The President may disregard subsection (c)(l)(B) with respect to any eligible article if the appraised value of the total imports of such article into the United States during the preceding calendar year is not in excess of an amount which bears the same ratio to $5,000,000 as the gross national product of the United States for that calendar year (as determined by the Department of Commerce) bears to the gross national product of the United States for calendar year 1979.". (c) Section 504 (19 U.S.C. 2464) is amended by adding at the end thereof the following new subsection: "(f)(1) If the President determines that the per capita gross national product (calculated on the basis of the best available mfor-

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