19 U.S.C. § 2466a — Designation of sub-Saharan African

Page 704 TITLE 19—CUSTOMS DUTIES § 2466 the appropriate customs officer within 180 days after Aug. 10, 1993, the entry of any article to which duty- free treatment under this subchapter would have ap- plied if the entry had been made on July 4, 1993, and that was made after July 4, 1993, and before Aug. 10, 1993, would be liquidated or reliquidated as free of duty, and the Secretary of the Treasury would refund any duty paid with respect to such entry. § 2466. Agricultural exports of beneficiary devel- oping countries The appropriate agencies of the United States shall assist beneficiary developing countries to develop and implement measures designed to as- sure that the agricultural sectors of their econo- mies are not directed to export markets to the detriment of the production of foodstuffs for their citizenry. (Pub. L. 93–618, title V, § 506, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1925.) Editorial Notes PRIOR PROVISIONS A prior section 2466, Pub. L. 93–618, title V, § 506, as added Pub. L. 98–573, title V, § 507(a), Oct. 30, 1984, 98 Stat. 3023, related to agricultural exports of beneficiary developing countries, prior to the general amendment of this subchapter by Pub. L. 104–188. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive applica- tion, see section 1953 of Pub. L. 104–188, set out as a note under section 2461 of this title. § 2466a. Designation of sub-Saharan African countries for certain benefits (a) Authority to designate (1) In general Notwithstanding any other provision of law, the President is authorized to designate a country listed in section 107 of the African Growth and Opportunity Act [19 U.S.C. 3706] as a beneficiary sub-Saharan African country eli- gible for the benefits described in subsection (b)— (A) if the President determines that the country meets the eligibility requirements set forth in section 104 of that Act [19 U.S.C. 3703], as such requirements are in effect on May 18, 2000; and (B) subject to the authority granted to the President under subsections (a), (d), and (e) of section 2462 of this title, if the country otherwise meets the eligibility criteria set forth in section 2462 of this title. (2) Monitoring and review of certain countries The President shall monitor, review, and re- port to Congress annually on the progress of each country listed in section 107 of the Afri- can Growth and Opportunity Act in meeting the requirements described in paragraph (1) in order to determine the current or potential eligibility of each country to be designated as a beneficiary sub-Saharan African country for purposes of this section. The President’s deter- minations, and explanations of such deter- minations, with specific analysis of the eligi- bility requirements described in paragraph (1)(A), shall be included in the annual report required by section 106 of the African Growth and Opportunity Act [19 U.S.C. 3705]. (3) Continuing compliance (A) In general If the President determines that a bene- ficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall terminate the designation of that country as a beneficiary sub-Saharan African country for purposes of this section, effective on January 1 of the year following the year in which such determination is made. (B) Notification The President may not terminate the des- ignation of a country as a beneficiary sub- Saharan African country under subpara- graph (A) unless, at least 60 days before the termination of such designation, the Presi- dent notifies Congress and notifies the coun- try of the President’s intention to terminate such designation, together with the consid- erations entering into the decision to termi- nate such designation. (b) Preferential tariff treatment for certain arti- cles (1) In general The President may provide duty-free treat- ment for any article described in section 2463(b)(1)(B) through (G) of this title that is the growth, product, or manufacture of a bene- ficiary sub-Saharan African country described in subsection (a), if, after receiving the advice of the International Trade Commission in ac- cordance with section 2463(e) of this title, the President determines that such article is not import-sensitive in the context of imports from beneficiary sub-Saharan African coun- tries. (2) Rules of origin The duty-free treatment provided under paragraph (1) shall apply to any article de- scribed in that paragraph that meets the re- quirements of section 2463(a)(2) of this title, except that— (A) if the cost or value of materials pro- duced in the customs territory of the United States is included with respect to that arti- cle, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (A) of section 2463(a)(2) of this title; (B) the cost or value of the materials in- cluded with respect to that article that are produced in one or more beneficiary sub-Sa- haran African countries or former bene- ficiary sub-Saharan African countries shall be applied in determining such percentage; and (C) the direct costs of processing oper- ations performed in one or more such bene- Page 705 TITLE 19—CUSTOMS DUTIES § 2466a ficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries shall be applied in determining such percentage. (3) Rules of origin under this subchapter The exceptions set forth in subparagraphs (A), (B), and (C) of paragraph (2) shall also apply to any article described in section 2463(a)(1) of this title that is the growth, prod- uct, or manufacture of a beneficiary sub-Saha- ran African country for purposes of any deter- mination to provide duty-free treatment with respect to such article. (c) Withdrawal, suspension, or limitation of pref- erential tariff treatment (1) In general The President may withdraw, suspend, or limit the application of duty-free treatment provided for any article described in sub- section (b)(1) of this section or section 112 of the African Growth and Opportunity Act [19 U.S.C. 3721] with respect to a beneficiary sub- Saharan African country if the President de- termines that withdrawing, suspending, or limiting such duty-free treatment would be more effective in promoting compliance by the country with the requirements described in subsection (a)(1) than terminating the des- ignation of the country as a beneficiary sub- Saharan African country for purposes of this section. (2) Notification The President may not withdraw, suspend, or limit the application of duty-free treatment under paragraph (1) unless, at least 60 days be- fore such withdrawal, suspension, or limita- tion, the President notifies Congress and noti- fies the country of the President’s intention to withdraw, suspend, or limit such duty-free treatment, together with the considerations entering into the decision to terminate such designation. (d) Review and public comments on eligibility requirements (1) In general In carrying out subsection (a)(2), the Presi- dent shall publish annually in the Federal Register a notice of review and request for public comments on whether beneficiary sub- Saharan African countries are meeting the eli- gibility requirements set forth in section 104 of the African Growth and Opportunity Act [19 U.S.C. 3703] and the eligibility criteria set forth in section 2462 of this title. (2) Public hearing The United States Trade Representative shall, not later than 30 days after the date on which the President publishes the notice of re- view and request for public comments under paragraph (1)— (A) hold a public hearing on such review and request for public comments; and (B) publish in the Federal Register, before such hearing is held, notice of— (i) the time and place of such hearing; and (ii) the time and place at which such public comments will be accepted. (3) Petition process (A) In general Not later than 60 days after June 29, 2015, the President shall establish a process to allow any interested person, at any time, to file a petition with the Office of the United States Trade Representative with respect to the compliance of any country listed in sec- tion 107 of the African Growth and Oppor- tunity Act [19 U.S.C. 3706] with the eligi- bility requirements set forth in section 104 of such Act [19 U.S.C. 3703] and the eligi- bility criteria set forth in section 2462 of this title. (B) Use of petitions The President shall take into account all petitions filed pursuant to subparagraph (A) in making determinations of compliance under subsections (a)(3)(A) and (c) and in preparing any reports required by this sub- chapter as such reports apply with respect to beneficiary sub-Saharan African countries. (4) Out-of-cycle reviews (A) In general The President may, at any time, initiate an out-of-cycle review of whether a bene- ficiary sub-Saharan African country is mak- ing continual progress in meeting the re- quirements described in paragraph (1). The President shall give due consideration to pe- titions received under paragraph (3) in deter- mining whether to initiate an out-of-cycle review under this subparagraph. (B) Congressional notification Before initiating an out-of-cycle review under subparagraph (A), the President shall notify and consult with Congress. (C) Consequences of review If, pursuant to an out-of-cycle review con- ducted under subparagraph (A), the Presi- dent determines that a beneficiary sub-Sa- haran African country does not meet the re- quirements set forth in section 104(a) of the African Growth and Opportunity Act (19 U.S.C. 3703(a)), the President shall, subject to the requirements of subsections (a)(3)(B) and (c)(2), terminate the designation of the country as a beneficiary sub-Saharan Afri- can country or withdraw, suspend, or limit the application of duty-free treatment with respect to articles from the country. (D) Reports After each out-of-cycle review conducted under subparagraph (A) with respect to a country, the President shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the review and any determination of the President to terminate the designation of the country as a beneficiary sub-Saharan African country or withdraw, suspend, or limit the applica- tion of duty-free treatment with respect to articles from the country under subpara- graph (C). Page 706 TITLE 19—CUSTOMS DUTIES § 2466a (E) Initiation of out-of-cycle reviews for cer- tain countries Recognizing that concerns have been raised about the compliance with section 104(a) of the African Growth and Oppor- tunity Act (19 U.S.C. 3703(a)) of some bene- ficiary sub-Saharan African countries, the President shall initiate an out-of-cycle re- view under subparagraph (A) with respect to South Africa, the most developed of the ben- eficiary sub-Saharan African countries, and other beneficiary countries as appropriate, not later than 30 days after June 29, 2015. (e) Beneficiary sub-Saharan African countries, etc. For purposes of this subchapter— (1) the terms ‘‘beneficiary sub-Saharan Afri- can country’’ and ‘‘beneficiary sub-Saharan African countries’’ mean a country or coun- tries listed in section 107 of the African Growth and Opportunity Act [19 U.S.C. 3706] that the President has determined is eligible under subsection (a) of this section. (2) the term ‘‘former beneficiary sub-Saha- ran African country’’ means a country that, after being designated as a beneficiary sub-Sa- haran African country under the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.], ceased to be designated as such a coun- try by reason of its entering into a free trade agreement with the United States. (Pub. L. 93–618, title V, § 506A, as added Pub. L. 106–200, title I, § 111(a), May 18, 2000, 114 Stat. 257; amended Pub. L. 108–274, § 7(a)(2), July 13, 2004, 118 Stat. 823; Pub. L. 114–27, title I, §§ 104(a), (b), 105, June 29, 2015, 129 Stat. 365.) Editorial Notes REFERENCES IN TEXT The African Growth and Opportunity Act, referred to in subsec. (e)(2), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to chapter 23 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables. AMENDMENTS 2015—Subsec. (a)(3). Pub. L. 114–27, § 105(a), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (b)(2)(C). Pub. L. 114–27, § 104(a), added subpar. (C). Subsec. (b)(3). Pub. L. 114–27, § 104(b), added par. (3). Subsecs. (c), (d). Pub. L. 114–27, § 105(b), added subsec. (c) and redesignated former subsec. (c) as (d). Subsecs. (d), (e). Pub. L. 114–27, § 105(c), added subsec. (d) and redesignated former subsec. (d) as (e). 2004—Subsec. (b)(2)(B). Pub. L. 108–274, § 7(a)(2)(A), in- serted ‘‘or former beneficiary sub-Saharan African countries’’ after ‘‘countries’’. Subsec. (c). Pub. L. 108–274, § 7(a)(2)(B), substituted ‘‘subchapter—’’ for ‘‘subchapter,’’, inserted par. (1) des- ignation before ‘‘the terms’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–27, title I, § 104(d), June 29, 2015, 129 Stat. 365, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section] take effect on the date of the enactment of this Act [June 29, 2015] and apply with respect to any article described in sec- tion 503(b)(1)(B) through (G) of the Trade Act of 1974 [19 U.S.C. 2463(b)(1)(B) through (G)] that is the growth, product, or manufacture of a beneficiary sub-Saharan African country and that is imported into the customs territory of the United States on or after the date that is 30 days after such date of enactment.’’ [For definition of ‘‘beneficiary sub-Saharan African country’’ as used in section 104(d) of Pub. L. 114–27, set out above, see section 112 of Pub. L. 114–27, set out as a note under section 3701 of this title.] MODIFICATIONS TO THE HARMONIZED TARIFF SCHEDULE Pub. L. 114–27, title I, § 104(c), June 29, 2015, 129 Stat. 365, provided that: ‘‘The President may proclaim such modifications as may be necessary to the Harmonized Tariff Schedule of the United States (HTS) to add the special tariff treatment symbol ‘D’ in the ‘Special’ sub- column of the HTS for each article classified under a heading or subheading with the special tariff treatment symbol ‘A’ or ‘A*’ in the ‘Special’ subcolumn of the HTS.’’ Executive Documents EX. ORD. NO. 13720. DELEGATION OF CERTAIN AUTHORI- TIES AND ASSIGNMENT OF CERTAIN FUNCTIONS UNDER THE TRADE PREFERENCES EXTENSION ACT OF 2015 Ex. Ord. No. 13720, Feb. 26, 2016, 81 F.R. 11089, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Trade Preferences Extension Act of 2015 (the ‘‘Act’’) (Public Law 114–27), and section 301 of title 3, United States Code, I hereby order as fol- lows: SECTION 1. Authorities and Functions under the Act. (a) Except as provided in subsections (b), (c), and (d) of this section, the authorities granted to and functions spe- cifically assigned to the President under title I of the Act are delegated and assigned, respectively, to the United States Trade Representative (U.S. Trade Rep- resentative). (b) The exercise of the following authorities of, and functions specifically assigned to the President under title I of the Act are not delegated or assigned under this order: (i) section 104(c) of the Act; (ii) sections 105(a) and (b) of the Act; and (iii) sections 506A(d)(3)(B) and (d)(4)(C) of the Trade Act of 1974 (as amended by the Act). (c) The functions of the President under section 13(c) of the AGOA Acceleration Act of 2004, as added by sec- tion 109 of the Act, are assigned to the Administrator of the United States Agency for International Develop- ment, in collaboration with the Secretary of Agri- culture. (d) The functions of the President under section 110(a) of the Act are assigned to the U.S. Trade Representa- tive, in consultation with the Secretary of State. SEC. 2. Reducing Poverty and Eliminating Hunger. The U.S. Trade Representative, with the advice and assist- ance of other executive departments and agencies in- volved in international programs to reduce poverty and eliminate hunger, shall perform the reporting function under section 701 of the Act. SEC. 3. General Provisions. (a) In exercising authority delegated by or performing functions assigned in this order, officers of the United States: (i) shall ensure that all actions taken by them are consistent with the President’s constitutional author- ity to (A) conduct the foreign affairs of the United States, including the commencement, conduct, and ter- mination of negotiations with foreign countries and international organizations; (B) withhold information the disclosure of which could impair the foreign rela- tions, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties; (C) recommend for congressional Page 707 TITLE 19—CUSTOMS DUTIES § 2467 1 See References in Text note below. consideration such measures as the President may judge necessary or expedient; and (D) supervise the ex- ecutive branch; and (ii) may redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other department or agency within the executive branch to the extent permitted by law, and such redelegation or further assignment shall be published in the Federal Register. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 2466b. Termination of benefits for sub-Saharan African countries In the case of a beneficiary sub-Saharan Afri- can country, as defined in section 2466a(c) 1 of this title, duty-free treatment provided under this subchapter shall remain in effect through September 30, 2025. (Pub. L. 93–618, title V, § 506B, as added Pub. L. 106–200, title I, § 114, May 18, 2000, 114 Stat. 266; amended Pub. L. 108–274, § 7(a)(1), July 13, 2004, 118 Stat. 823; Pub. L. 114–27, title I, § 103(a), June 29, 2015, 129 Stat. 364.) Editorial Notes REFERENCES IN TEXT Section 2466a(c) of this title, referred to in text, was redesignated section 2466a(e) of this title by Pub. L. 114–27, title I, § 105(b), (c), June 29, 2015, 129 Stat. 366. AMENDMENTS 2015—Pub. L. 114–27 substituted ‘‘September 30, 2025’’ for ‘‘September 30, 2015’’. 2004—Pub. L. 108–274 substituted ‘‘2015’’ for ‘‘2008’’. § 2467. Definitions For purposes of this subchapter: (1) Beneficiary developing country The term ‘‘beneficiary developing country’’ means any country with respect to which there is in effect an Executive order or Presi- dential proclamation by the President desig- nating such country as a beneficiary devel- oping country for purposes of this subchapter. (2) Country The term ‘‘country’’ means any foreign country or territory, including any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. In the case of an association of coun- tries which is a free trade area or customs union, or which is contributing to comprehen- sive regional economic integration among its members through appropriate means, includ- ing, but not limited to, the reduction of du- ties, the President may by Executive order or Presidential proclamation provide that all members of such association other than mem- bers which are barred from designation under section 2462(b) of this title shall be treated as one country for purposes of this subchapter. (3) Entered The term ‘‘entered’’ means entered, or with- drawn from warehouse for consumption, in the customs territory of the United States. (4) Internationally recognized worker rights The term ‘‘internationally recognized work- er rights’’ includes— (A) the right of association; (B) the right to organize and bargain col- lectively; (C) a prohibition on the use of any form of forced or compulsory labor; (D) a minimum age for the employment of children, and a prohibition on the worst forms of child labor, as defined in paragraph (6); and (E) acceptable conditions of work with re- spect to minimum wages, hours of work, and occupational safety and health. (5) Least-developed beneficiary developing country The term ‘‘least-developed beneficiary devel- oping country’’ means a beneficiary devel- oping country that is designated as a least-de- veloped beneficiary developing country under section 2462(a)(2) of this title. (6) Worst forms of child labor The term ‘‘worst forms of child labor’’ means— (A) all forms of slavery or practices simi- lar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict; (B) the use, procuring, or offering of a child for prostitution, for the production of pornography or for pornographic purposes; (C) the use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; and (D) work which, by its nature or the cir- cumstances in which it is carried out, is likely to harm the health, safety, or morals of children. The work referred to in subparagraph (D) shall be determined by the laws, regulations, or competent authority of the beneficiary devel- oping country involved. (Pub. L. 93–618, title V, § 507, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1926; amended Pub. L. 106–200, title IV, § 412(b), May 18, 2000, 114 Stat. 298; Pub. L. 107–210, div. D, title XLI, § 4102(b), Aug. 6, 2002, 116 Stat. 1041.) Editorial Notes AMENDMENTS 2002—Par. (4)(D). Pub. L. 107–210 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as fol- lows: ‘‘a minimum age for the employment of children; and’’. 2000—Par. (6). Pub. L. 106–200 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive applica-