19 U.S.C. § 2466 — Agricultural exports of beneficiary devel-

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-