19 U.S.C. § 3721 — Treatment of certain textiles and apparel

Page 896 TITLE 19—CUSTOMS DUTIES § 3707 1 See References in Text note below. § 3707. Activities in support of transparency (a) AGOA Website (1) In general The President shall establish a publicly available website for the collection and dis- semination of information regarding the Afri- can Growth and Opportunity Act (19 U.S.C. 3701 et seq.). (2) Contents The President shall publish on the AGOA Website the information described in para- graph (1), including— (A) information and technical assistance provided at United States Agency for Inter- national Development regional trade hubs; and (B) a link to the websites of United States embassies located in eligible sub-Saharan African countries. (3) Actions by United States embassies The Secretary of State should direct United States embassies located in eligible sub-Saha- ran African countries to— (A) encourage individuals and businesses in such countries to use the benefits avail- able under the African Growth and Oppor- tunity Act; and (B) include a link to the AGOA Website on the websites of such diplomatic missions. (b) AGOA Forum After each meeting of the United States–Sub- Saharan Africa Trade and Economic Coopera- tion Forum, the President should publish on the AGOA Website the following: (1) The outcomes of the meeting of the Forum, including any commitments made by member countries and the private sector. (2) An assessment of progress made with re- spect to any commitments made by member countries and the private sector from the pre- vious meeting of the Forum. (c) Other information The President should disseminate the informa- tion required under this section in a digital for- mat to the public and publish such information on the AGOA Website. (Pub. L. 115–167, title I, § 103, Apr. 23, 2018, 132 Stat. 1277.) Editorial Notes REFERENCES IN TEXT The African Growth and Opportunity Act, referred to in subsec. (a)(1), (3)(A), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables. CODIFICATION Section was enacted as part of the African Growth and Opportunity Act and Millennium Challenge Act Modernization Act, also known as the AGOA and MCA Modernization Act, and not as part of the African Growth and Opportunity Act which enacted this chap- ter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 115–167, title I, § 102, Apr. 23, 2018, 132 Stat. 1277, provided that: ‘‘In this title [enacting this section and provisions set out as a note under section 3701 of this title]— ‘‘(1) AGOA WEBSITE.—The term ‘AGOA Website’ means the website established pursuant to section 103(a) [19 U.S.C. 3707(a)]. ‘‘(2) ELIGIBLE SUB-SAHARAN AFRICAN COUNTRY.—The term ‘eligible sub-Saharan African country’ means a country that the President has determined meets the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703).’’ SUBCHAPTER II—TRADE BENEFITS § 3721. Treatment of certain textiles and apparel (a) Preferential treatment Textile and apparel articles described in sub- section (b) that are imported directly into the customs territory of the United States from a beneficiary sub-Saharan African country de- scribed in section 2466a(c) 1 of this title, shall enter the United States free of duty and free of any quantitative limitations in accordance with the provisions set forth in subsection (b), if the country has satisfied the requirements set forth in section 3722 of this title. (b) Products covered Subject to subsection (c), the preferential treatment described in subsection (a) shall apply only to the following textile and apparel prod- ucts: (1) Apparel articles assembled in one or more beneficiary sub-Saharan African countries Apparel articles sewn or otherwise assem- bled in one or more beneficiary sub-Saharan African countries from fabrics wholly formed and cut, or from components knit-to-shape, in the United States from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are clas- sifiable under heading 5602 or 5603 of the Har- monized Tariff Schedule of the United States and are wholly formed and cut in the United States) that are— (A) entered under subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States; or (B) entered under chapter 61 or 62 of the Harmonized Tariff Schedule of the United States, if, after such assembly, the articles would have qualified for entry under sub- heading 9802.00.80 of the Harmonized Tariff Schedule of the United States but for the fact that the articles were embroidered or subjected to stone-washing, enzyme-wash- ing, acid washing, perma-pressing, oven-bak- ing, bleaching, garment-dyeing, screen printing, or other similar processes. (2) Other apparel articles assembled in one or more beneficiary sub-Saharan African countries Apparel articles sewn or otherwise assem- bled in one or more beneficiary sub-Saharan Page 897 TITLE 19—CUSTOMS DUTIES § 3721 African countries with thread formed in the United States from fabrics wholly formed in the United States and cut in one or more bene- ficiary sub-Saharan African countries from yarns wholly formed in the United States, or from components knit-to-shape in the United States from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed in the United States). (3) Apparel articles from regional fabric or yarns Apparel articles wholly assembled in one or more beneficiary sub-Saharan African coun- tries from fabric wholly formed in one or more beneficiary sub-Saharan African countries from yarns originating in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both (including fabrics not formed from yarns, if such fabrics are clas- sified under heading 5602 or 5603 of the Har- monized Tariff Schedule of the United States and are wholly formed in one or more bene- ficiary sub-Saharan African countries), or from components knit-to-shape in one or more beneficiary sub-Saharan African countries from yarns originating in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both, or apparel articles wholly formed on seamless knitting machines in a beneficiary sub-Saharan African country from yarns originating in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both, whether or not the apparel articles are also made from any of the fabrics, fabric components formed, or compo- nents knit-to-shape described in paragraph (1) or (2) (unless the apparel articles are made ex- clusively from any of the fabrics, fabric com- ponents formed, or components knit-to-shape described in paragraph (1) or (2)), subject to the following: (A) Limitations on benefits (i) In general Preferential treatment under this para- graph shall be extended in the 1-year pe- riod beginning October 1, 2003, and in each of the 21 succeeding 1-year periods, to im- ports of apparel articles in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available. (ii) Applicable percentage For purposes of this subparagraph, the term ‘‘applicable percentage’’ means— (I) 4.747 percent for the 1-year period beginning October 1, 2003, increased in each of the 5 succeeding 1-year periods by equal increments, so that for the 1- year period beginning October 1, 2007, the applicable percentage does not exceed 7 percent; and (II) for each succeeding 1-year period until September 30, 2025, not to exceed 7 percent. (B) Surge mechanism (i) Import monitoring The Secretary of Commerce shall mon- itor imports of articles described in this paragraph on a monthly basis to determine if there has been a surge in imports of such articles. In order to permit public access to preliminary international trade data and to facilitate the early identification of potentially disruptive import surges, the Director of the Office of Management and Budget may grant an exception to the pub- lication dates established for the release of data on United States international trade in covered articles, if the Director notifies Congress of the early release of the data. (ii) Determination of damage or threat thereof Whenever the Secretary of Commerce de- termines, based on the data described in clause (i), or pursuant to a written request made by an interested party, that there has been a surge in imports of an article described in this paragraph from a bene- ficiary sub-Saharan African country, the Secretary shall determine whether such article from such country is being im- ported in such increased quantities as to cause serious damage, or threat thereof, to the domestic industry producing a like or directly competitive article. If the Sec- retary’s determination is affirmative, the President shall suspend the duty-free treatment provided for such article under this paragraph. If the inquiry is initiated at the request of an interested party, the Secretary shall make the determination within 60 days after the date of the re- quest. (iii) Factors to consider In determining whether a domestic in- dustry has been seriously damaged, or is threatened with serious damage, the Sec- retary shall examine the effect of the im- ports on relevant economic indicators such as domestic production, sales, market share, capacity utilization, inventories, employment, profits, exports, prices, and investment. (iv) Procedure (I) Initiation The Secretary of Commerce shall ini- tiate an inquiry within 10 days after re- ceiving a written request and supporting information for an inquiry from an inter- ested party. Notice of initiation of an in- quiry shall be published in the Federal Register. (II) Participation by interested parties The Secretary of Commerce shall es- tablish procedures to ensure participa- tion in the inquiry by interested parties. (III) Notice of determination The Secretary shall publish the deter- mination described in clause (ii) in the Federal Register. Page 898 TITLE 19—CUSTOMS DUTIES § 3721 (IV) Information available If relevant information is not available on the record or any party withholds in- formation that has been requested by the Secretary, the Secretary shall make the determination on the basis of the facts available. When the Secretary relies on information submitted in the inquiry as facts available, the Secretary shall, to the extent practicable, corroborate the information from independent sources that are reasonably available to the Sec- retary. (v) Interested party For purposes of this subparagraph, the term ‘‘interested party’’ means any pro- ducer of a like or directly competitive ar- ticle, a certified union or recognized union or group of workers which is representa- tive of an industry engaged in the manu- facture, production, or sale in the United States of a like or directly competitive ar- ticle, a trade or business association rep- resenting producers or sellers of like or di- rectly competitive articles, producers en- gaged in the production of essential inputs for like or directly competitive articles, a certified union or group of workers which is representative of an industry engaged in the manufacture, production, or sale of es- sential inputs for the like or directly com- petitive article, or a trade or business as- sociation representing companies engaged in the manufacture, production, or sale of such essential inputs. (4) Sweaters knit-to-shape from cashmere or merino wool (A) Cashmere Sweaters, in chief weight of cashmere, knit-to-shape in one or more beneficiary sub-Saharan African countries and classifi- able under subheading 6110.10 of the Har- monized Tariff Schedule of the United States. (B) Merino wool Sweaters, 50 percent or more by weight of wool measuring 21.5 microns in diameter or finer, knit-to-shape in one or more bene- ficiary sub-Saharan African countries. (5) Apparel articles wholly assembled from fab- ric or yarn not available in commercial quantities in the United States (A) In general Apparel articles that are both cut (or knit- to-shape) and sewn or otherwise assembled in one or more beneficiary sub-Saharan Afri- can countries, to the extent that apparel ar- ticles of such fabrics or yarns would be eligi- ble for preferential treatment, without re- gard to the source of the fabrics or yarns, under Annex 4–B of the USMCA. (B) Additional apparel articles At the request of any interested party and subject to the following requirements, the President is authorized to proclaim the treatment provided under subparagraph (A) for yarns or fabrics not described in subpara- graph (A) if— (i) the President determines that such yarns or fabrics cannot be supplied by the domestic industry in commercial quan- tities in a timely manner; (ii) the President has obtained advice re- garding the proposed action from the ap- propriate advisory committee established under section 2155 of this title and the United States International Trade Com- mission; (iii) within 60 calendar days after the re- quest, the President has submitted a re- port to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth— (I) the action proposed to be pro- claimed and the reasons for such action; and (II) the advice obtained under clause (ii); (iv) a period of 60 calendar days, begin- ning with the first day on which the Presi- dent has met the requirements of sub- clauses (I) and (II) of clause (iii), has ex- pired; and (v) the President has consulted with such committees regarding the proposed action during the period referred to in clause (iii). (C) Removal of designation of fabrics or yarns not available in commercial quan- tities If the President determines that any fabric or yarn was determined to be eligible for preferential treatment under subparagraph (A) on the basis of fraud, the President is au- thorized to remove that designation from that fabric or yarn with respect to articles entered after such removal. (6) Handloomed, handmade, folklore articles and ethnic printed fabrics (A) In general A handloomed, handmade, folklore article or an ethnic printed fabric of a beneficiary sub-Saharan African country or countries that is certified as such by the competent authority of such beneficiary country or countries. For purposes of this section, the President, after consultation with the bene- ficiary sub-Saharan African country or countries concerned, shall determine which, if any, particular textile and apparel goods of the country (or countries) shall be treated as being handloomed, handmade, or folklore articles or an ethnic printed fabric. (B) Requirements for ethnic printed fabric Ethnic printed fabrics qualified under this paragraph are— (i) fabrics containing a selvedge on both edges, having a width of less than 50 inches, classifiable under subheading 5208.52.30 or 5208.52.40 of the Harmonized Tariff Schedule of the United States; (ii) of the type that contains designs, symbols, and other characteristics of Afri- can prints— (I) normally produced for and sold on the indigenous African market; and Page 899 TITLE 19—CUSTOMS DUTIES § 3721 2 So in original. Probably should be followed by a comma. (II) normally sold in Africa by the piece as opposed to being tailored into garments before being sold in indigenous African markets; (iii) printed, including waxed, in one or more eligible beneficiary sub-Saharan countries; and (iv) fabrics formed in the United States, from yarns formed in the United States, or from fabric formed in one or more bene- ficiary sub-Saharan African country from yarn originating in either the United States or one or more beneficiary sub-Sa- haran African countries. (7) Apparel articles assembled in one or more beneficiary sub-Saharan African countries from United States and beneficiary sub-Sa- haran African country components Apparel articles sewn or otherwise assem- bled in one or more beneficiary sub-Saharan African countries with thread formed in the United States from components cut in the United States and one or more beneficiary sub-Saharan African countries or former bene- ficiary sub-Saharan African countries from fabric wholly formed in the United States from yarns wholly formed in the United States, or from components knit-to-shape in the United States and one or more beneficiary sub-Saharan African countries or former bene- ficiary sub-Saharan African countries from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States). (8) Textile articles originating entirely in one or more lesser developed beneficiary sub- Saharan African countries Textile and textile articles classifiable under chapters 50 through 60 or chapter 63 of the Harmonized Tariff Schedule of the United States that are products of a lesser developed beneficiary sub-Saharan African country and are wholly formed in one or more such coun- tries from fibers, yarns, fabrics, fabric compo- nents, or components knit-to-shape that are the product of one or more such countries. (c) Lesser developed countries (1) Preferential treatment of products through September 30, 2025 (A) Products covered In addition to the products described in subsection (b) 2 the preferential treatment described in subsection (a) shall apply through September 30, 2025, to apparel arti- cles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan Af- rican countries, regardless of the country of origin of the fabric or the yarn used to make such articles, in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all apparel arti- cles imported into the United States in the preceding 12-month period for which data are available. (B) Applicable percentage For purposes of subparagraph (A), the term ‘‘applicable percentage’’ means— (i) 2.9285 percent for the 1-year period be- ginning on October 1, 2005; and (ii) 3.5 percent for the 1-year period be- ginning on October 1, 2006, and each 1-year period thereafter through September 30, 2025. (2) Applicability of other provisions Subsection (b)(3)(B) applies to apparel arti- cles eligible for preferential treatment under this subsection to the same extent as that sub- section applies to apparel articles eligible for preferential treatment under subsection (b)(3). (3) Definition In this subsection, the term ‘‘lesser devel- oped beneficiary sub-Saharan African coun- try’’ means— (A) a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as meas- ured by the International Bank for Recon- struction and Development; (B) Botswana; (C) Namibia; and (D) Mauritius. (d) Treatment of quotas on textile and apparel imports from Kenya and Mauritius The President shall eliminate the existing quotas on textile and apparel articles imported into the United States— (1) from Kenya within 30 days after that country adopts an effective visa system to pre- vent unlawful transshipment of textile and ap- parel articles and the use of counterfeit docu- ments relating to the importation of the arti- cles into the United States; and (2) from Mauritius within 30 days after that country adopts such a visa system. The Customs Service shall provide the necessary technical assistance to Kenya and Mauritius in the development and implementation of the visa systems. (e) Special rules (1) Findings and trimmings (A) General rule An article otherwise eligible for pref- erential treatment under this section shall not be ineligible for such treatment because the article contains findings or trimmings of foreign origin, if the value of such findings and trimmings do not exceed 25 percent of the cost of the components of the assembled article. Examples of findings and trimmings are sewing thread, hooks and eyes, snaps, buttons, ‘‘bow buds’’, decorative lace trim, elastic strips, and zippers, including zipper tapes and labels. Elastic strips are consid- ered findings or trimmings only if they are each less than 1 inch in width and used in the production of brassieres. (B) Certain interlinings (i) General rule An article otherwise eligible for pref- erential treatment under this section shall Page 900 TITLE 19—CUSTOMS DUTIES § 3721 3 So in original. Probably should be followed by ‘‘beneficiary’’. 4 See References in Text note below. not be ineligible for such treatment be- cause the article contains certain inter- linings of foreign origin, if the value of such interlinings (and any findings and trimmings) does not exceed 25 percent of the cost of the components of the assem- bled article. (ii) Interlinings described Interlinings eligible for the treatment described in clause (i) include only a chest type plate, a ‘‘hymo’’ piece, or ‘‘sleeve header’’, of woven or weft-inserted warp knit construction and of coarse animal hair or man-made filaments. (iii) Termination of treatment The treatment described in this subpara- graph shall terminate if the President makes a determination that United States manufacturers are producing such inter- linings in the United States in commercial quantities. (C) Exception In the case of an article described in sub- section (b)(2), sewing thread shall not be treated as findings or trimmings under sub- paragraph (A). (2) De minimis rule An article otherwise eligible for preferential treatment under this section shall not be in- eligible for such treatment because the article contains fibers or yarns not wholly formed in the United States or one or more beneficiary sub-Saharan African countries or former bene- ficiary sub-Saharan African countries if the total weight of all such fibers and yarns is not more than 10 percent of the total weight of the article. (3) Certain components An article otherwise eligible for preferential treatment under this section will not be ineli- gible for such treatment because the article contains— (A) any collars or cuffs (cut or knit-to- shape), (B) drawstrings, (C) shoulder pads or other padding, (D) waistbands, (E) belt attached to the article, (F) straps containing elastic, or (G) elbow patches, that do not meet the requirements set forth in subsections (b) and (c), regardless of the coun- try of origin of the item referred to in the ap- plicable subparagraph of this paragraph. (f) Definitions In this section and section 3722 of this title: (1) Agreement on textiles and clothing The term ‘‘Agreement on Textiles and Cloth- ing’’ means the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of this title. (2) Beneficiary sub-Saharan African country, etc. The terms ‘‘beneficiary sub-Saharan African country’’ and ‘‘beneficiary sub-Saharan Afri- can countries’’ have the same meaning as such terms have under section 2466a(c) of this title. (3) USMCA The term ‘‘USMCA’’ has the meaning given that term in section 4502 of this title. (4) Former sub-Saharan African country The term ‘‘former 3 sub-Saharan African country’’ means a country that, after being designated as a beneficiary sub-Saharan Afri- can country under this chapter 4, ceased to be designated as such a beneficiary sub-Saharan country by reason of its entering into a free trade agreement with the United States. (5) Enter; entered The terms ‘‘enter’’ and ‘‘entered’’ refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States. (g) Effective date This section takes effect on October 1, 2000, and shall remain in effect through September 30, 2025. (Pub. L. 106–200, title I, § 112, May 18, 2000, 114 Stat. 258; Pub. L. 107–210, div. C, title XXXI, § 3108(a), Aug. 6, 2002, 116 Stat. 1038; Pub. L. 108–274, § 7(b)–(f), July 13, 2004, 118 Stat. 824–826; Pub. L. 108–429, title II, § 2004(k)(1), Dec. 3, 2004, 118 Stat. 2595; Pub. L. 109–432, div. D, title VI, §§ 6002–6004, Dec. 20, 2006, 120 Stat. 3190–3194; Pub. L. 110–436, § 3(a), (d), Oct. 16, 2008, 122 Stat. 4980, 4981; Pub. L. 112–163, § 1(a), Aug. 10, 2012, 126 Stat. 1274; Pub. L. 114–27, title I, § 103(b), June 29, 2015, 129 Stat. 364; Pub. L. 116–260, div. O, title VI, § 602(a)(1), Dec. 27, 2020, 134 Stat. 2152.) Editorial Notes REFERENCES IN TEXT Section 2466a(c) of this title, referred to in subsec. (a), was redesignated section 2466a(e) of this title by Pub. L. 114–27, title I, § 105(b), (c), June 29, 2015, 129 Stat. 366. The Harmonized Tariff Schedule of the United States, referred to in subsec. (b), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. This chapter, referred to in subsec. (f)(4), was in the original ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables. AMENDMENTS 2020—Subsec. (b)(5)(A). Pub. L. 116–260, § 602(a)(1)(A), substituted ‘‘Annex 4–B of the USMCA’’ for ‘‘Annex 401 to the NAFTA’’. Subsec. (f)(3). Pub. L. 116–260, § 602(a)(1)(B), added par. (3) and struck out former par. (3) which defined ‘‘NAFTA’’. 2015—Subsec. (b)(3)(A)(i). Pub. L. 114–27, § 103(b)(2)(A), substituted ‘‘21 succeeding’’ for ‘‘11 succeeding’’. Subsec. (b)(3)(A)(ii)(II). Pub. L. 114–27, § 103(b)(2)(B), substituted ‘‘September 30, 2025’’ for ‘‘September 30, 2015’’. Subsec. (c)(1). Pub. L. 114–27, § 103(b)(3)(A), substituted ‘‘September 30, 2025’’ for ‘‘September 30, 2015’’ in head- ing. Page 901 TITLE 19—CUSTOMS DUTIES § 3721 Subsec. (c)(1)(A). Pub. L. 114–27, § 103(b)(3)(B), sub- stituted ‘‘September 30, 2025’’ for ‘‘September 30, 2015’’. Subsec. (c)(1)(B)(ii). Pub. L. 114–27, § 103(b)(3)(C), sub- stituted ‘‘September 30, 2025’’ for ‘‘September 30, 2015’’. Subsec. (g). Pub. L. 114–27, § 103(b)(1), substituted ‘‘September 30, 2025’’ for ‘‘September 30, 2015’’. 2012—Subsec. (c)(1). Pub. L. 112–163, § 1(a)(1), sub- stituted ‘‘2015’’ for ‘‘2012’’ in heading. Subsec. (c)(1)(A). Pub. L. 112–163, § 1(a)(2), substituted ‘‘2015’’ for ‘‘2012’’. Subsec. (c)(1)(B)(ii). Pub. L. 112–163, § 1(a)(3), sub- stituted ‘‘2015’’ for ‘‘2012’’. 2008—Subsec. (b)(3)(B), (C). Pub. L. 110–436, § 3(d), made technical correction to directory language of Pub. L. 109–432, § 6002(a)(2)(B). See 2006 Amendment note below. Subsec. (b)(6)(A). Pub. L. 110–436, § 3(a)(1), substituted ‘‘ethnic’’ for ‘‘ethic’’ in second sentence. Subsec. (c)(1)(A). Pub. L. 110–436, § 3(a)(2)(A), struck out ‘‘, and subject to paragraph (2),’’ after ‘‘described in subsection (b)’’. Subsec. (c)(2). Pub. L. 110–436, § 3(a)(2)(B), (C)(ii), re- designated par. (4) as (2) and struck out former par. (2) which provided special rules for products in commer- cial quantities in Africa. Subsec. (c)(3). Pub. L. 110–436, § 3(a)(2)(B), (D), added par. (3) and struck out former par. (3) which provided for removal of designation of fabrics or yarns not avail- able in commercial quantities. Subsec. (c)(4). Pub. L. 110–436, § 3(a)(2)(C), substituted ‘‘Subsection (b)(3)(B)’’ for ‘‘Subsection (b)(3)(C)’’ and redesignated par. (4) as (2). Subsec. (c)(5). Pub. L. 110–436, § 3(a)(2)(D), struck out par. (5) which defined ‘‘applicable 1-year period’’, ‘‘Commission’’, ‘‘enter’’ and ‘‘entry’’, and ‘‘lesser devel- oped beneficiary sub-Saharan African country’’. 2006—Subsec. (b). Pub. L. 109–432, § 6002(a)(2)(A), sub- stituted ‘‘Subject to subsection (c), the’’ for ‘‘The’’ in introductory provisions. Subsec. (b)(3)(B), (C). Pub. L. 109–432, § 6002(a)(2)(B), as amended by Pub. L. 110–436, § 3(d), redesignated subpar. (C) as (B) and struck out former subpar. (B), which re- lated to extension of preferential treatment though Sept. 30, 2007, for apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries. Subsec. (b)(5)(C). Pub. L. 109–432, § 6003(1), added sub- par. (C). Subsec. (b)(8). Pub. L. 109–432, § 6002(b), added par. (8). Subsecs. (c), (d). Pub. L. 109–432, § 6002(a)(1), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109–432, § 6002(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(3). Pub. L. 109–432, § 6002(c), substituted ‘‘subsections (b) and (c)’’ for ‘‘subsection (b)’’ in con- cluding provisions. Subsec. (f). Pub. L. 109–432, § 6002(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (f)(5). Pub. L. 109–432, § 6003(2), added par. (5). Subsec. (g). Pub. L. 109–432, § 6004, substituted ‘‘2015’’ for ‘‘2008’’. Pub. L. 109–432, § 6002(a)(1), redesignated subsec. (f) as (g). 2004—Subsec. (b)(1). Pub. L. 108–274, § 7(b)(1), sub- stituted ‘‘or both (including’’ for ‘‘(including’’. Subsec. (b)(3). Pub. L. 108–274, § 7(b)(2)(A), in introduc- tory provisions, substituted ‘‘in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both’’ for ‘‘either in the United States or one or more beneficiary sub-Saharan African countries’’ wher- ever appearing and ‘‘whether or not the apparel articles are also made from any of the fabrics, fabric compo- nents formed, or components knit-to-shape described in paragraph (1) or (2) (unless the apparel articles are made exclusively from any of the fabrics, fabric compo- nents formed, or components knit-to-shape described in paragraph (1) or (2)), subject to the following:’’ for ‘‘subject to the following:’’. Subsec. (b)(3)(A), (B). Pub. L. 108–274, § 7(b)(2)(B), added subpars. (A) and (B) and struck out headings and text of former subpars. (A) and (B) which set forth dif- fering percentages and time periods applicable to the preferential treatment of imports of apparel articles from beneficiary countries and to special rules for less- er developed countries. Subsec. (b)(3)(B)(iv). Pub. L. 108–429 added cl. (iv). Subsec. (b)(5)(A). Pub. L. 108–274, § 7(b)(3), amended heading and text generally. Prior to amendment, text read as follows: ‘‘Apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries, from fabric or yarn that is not formed in the United States or a beneficiary sub-Saharan African country, to the extent that apparel articles of such fabrics or yarns would be eligible for preferential treatment, without regard to the source of the fabric or yarn, under Annex 401 to the NAFTA.’’ Subsec. (b)(6). Pub. L. 108–274, § 7(c), amended heading and text generally. Prior to amendment, text read as follows: ‘‘A handloomed, handmade, or folklore article of a beneficiary sub-Saharan African country or coun- tries that is certified as such by the competent author- ity of such beneficiary country or countries. For pur- poses of this paragraph, the President, after consulta- tion with the beneficiary sub-Saharan African country or countries concerned, shall determine which, if any, particular textile and apparel goods of the country (or countries) shall be treated as being handloomed, hand- made, or folklore articles.’’ Subsec. (b)(7). Pub. L. 108–274, § 7(d), inserted ‘‘or former beneficiary sub-Saharan African countries’’ after ‘‘and one or more beneficiary sub-Saharan African countries’’ in two places. Subsec. (d)(2). Pub. L. 108–274, § 7(e)(2), inserted ‘‘or former beneficiary sub-Saharan African countries’’ after ‘‘countries’’ and substituted ‘‘10 percent’’ for ‘‘7 percent’’. Subsec. (d)(3). Pub. L. 108–274, § 7(e)(1), added par. (3). Subsec. (e)(4). Pub. L. 108–274, § 7(f), added par. (4). 2002—Subsec. (b)(1). Pub. L. 107–210, § 3108(a)(1), sub- stituted ‘‘Apparel articles assembled in one or more beneficiary sub-Saharan African countries’’ for ‘‘Ap- parel articles assembled in beneficiary sub-Saharan Af- rican countries’’ in heading and amended introductory provisions generally. Prior to amendment, introduc- tory provisions read as follows: ‘‘Apparel articles as- sembled in one or more beneficiary sub-Saharan Afri- can countries from fabrics wholly formed and cut in the United States, from yarns wholly formed in the United States, (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed and cut in the United States) that are—’’. Subsec. (b)(2). Pub. L. 107–210, § 3108(a)(2), substituted ‘‘Other apparel articles assembled in one or more bene- ficiary sub-Saharan African countries’’ for ‘‘Apparel ar- ticles cut and assembled in beneficiary sub-Saharan Af- rican countries’’ in heading and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Ap- parel articles cut in one or more beneficiary sub-Saha- ran African countries from fabric wholly formed in the United States from yarns wholly formed in the United States, (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed in the United States) if such ar- ticles are assembled in one or more beneficiary sub-Sa- haran African countries with thread formed in the United States.’’ Subsec. (b)(3). Pub. L. 107–210, § 3108(a)(3)(A), sub- stituted ‘‘Apparel articles from regional fabric or yarns’’ for ‘‘Apparel articles assembled from regional and other fabric’’ in heading and amended introductory provisions generally. Prior to amendment, introduc- tory provisions read as follows: ‘‘Apparel articles whol- ly assembled in one or more beneficiary sub-Saharan African countries from fabric wholly formed in one or Page 902 TITLE 19—CUSTOMS DUTIES § 3722 more beneficiary sub-Saharan African countries from yarn originating either in the United States or one or more beneficiary sub-Saharan African countries (in- cluding fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Har- monized Tariff Schedule of the United States and are wholly formed and cut in one or more beneficiary sub- Saharan African countries), subject to the following:’’. Subsec. (b)(3)(B). Pub. L. 107–210, § 3108(a)(3)(B), amended heading and text generally. Prior to amend- ment, text read as follows: ‘‘(i) IN GENERAL.—Subject to subparagraph (A), pref- erential treatment shall be extended through Sep- tember 30, 2004, for apparel articles wholly assembled in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric used to make such articles. ‘‘(ii) LESSER DEVELOPED BENEFICIARY SUB-SAHARAN AF- RICAN COUNTRY.—For purposes of this subparagraph the term ‘lesser developed beneficiary sub-Saharan African country’ means a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 a year in 1998, as measured by the World Bank.’’ Subsec. (b)(4)(B). Pub. L. 107–210, § 3108(a)(4), sub- stituted ‘‘21.5 microns’’ for ‘‘18.5 microns’’. Subsec. (b)(7). Pub. L. 107–210, § 3108(a)(5), added par. (7). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of this title. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–436, § 3(b), Oct. 16, 2008, 122 Stat. 4980, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act [Oct. 16, 2008].’’ EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–429, title II, § 2004(k)(2), Dec. 3, 2004, 118 Stat. 2595, provided that: ‘‘Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Bu- reau of Customs and Border Protection before the 90th day after the date of the enactment of this Act [Dec. 3, 2004], any entry, or withdrawal from warehouse for con- sumption, of any good— ‘‘(A) that was made on or after October 1, 2004, and before the date of the enactment of this Act, and ‘‘(B) with respect to which there would have been no duty if the amendment made by this subsection applied to such entry or withdrawal, shall be liquidated or reliquidated as if such amend- ment applied to such entry or withdrawal.’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. INCREASE IN LIMITATION ON CERTAIN BENEFITS Pub. L. 107–210, div. C, title XXXI, § 3108(b), Aug. 6, 2002, 116 Stat. 1039, provided that: ‘‘The applicable per- centage under clause (ii) of section 112(b)(3)(A) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(3)(A)) shall be increased— ‘‘(1) by 2.17 percent for the 1-year period beginning on October 1, 2002, and ‘‘(2) by equal increments in each succeeding 1-year period provided for in such clause, so that for the 1- year period beginning October 1, 2007, the applicable percentage is increased by 3.5 percent, except that such increase shall not apply with respect to articles eligible under subparagraph (B) of section 112(b)(3) of that Act.’’ Executive Documents DELEGATION OF AUTHORITY For delegation of certain authority of the President under this section to the Committee for the Implemen- tation of Textile Agreements and the United States Trade Representative, see Ex. Ord. No. 13191, §§ 1–3, Jan. 17, 2001, 66 F.R. 7271, set out as a note under section 2703 of this title. PROC. NO. 7350. TO IMPLEMENT THE AFRICAN GROWTH AND OPPORTUNITY ACT AND TO DESIGNATE ERITREA AS A BENEFICIARY DEVELOPING COUNTRY FOR PURPOSES OF THE GENERALIZED SYSTEM OF PREFERENCES Proc. No. 7350, Oct. 2, 2000, 65 F.R. 59321, provided in par. (5) that the United States Trade Representative is authorized to determine whether Kenya and Mauritius have satisfied the requirements of section 3721(c)[d] of this title, is directed to set forth the determination in a notice to be published in the Federal Register and to cause the existing quotas on textile and apparel arti- cles imported into the United States from such country to be eliminated within 30 days after the determina- tion, and is authorized to exercise the authority pro- vided to the President under section 2483 of this title to embody modifications and technical or conforming changes in the Harmonized Tariff Schedule of the United States. § 3722. Protections against transshipment (a) Preferential treatment conditioned on en- forcement measures (1) In general The preferential treatment under section 3721(a) of this title shall not be provided to textile and apparel articles that are imported from a beneficiary sub-Saharan African coun- try unless that country— (A) has adopted an effective visa system, domestic laws, and enforcement procedures applicable to covered articles to prevent un- lawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States; (B) has enacted legislation or promulgated regulations that would permit United States Customs Service verification teams to have the access necessary to investigate thor- oughly allegations of transshipment through such country; (C) agrees to report, on a timely basis, at the request of the United States Customs Service, on the total exports from and im- ports into that country of covered articles, consistent with the manner in which the records are kept by that country; (D) will cooperate fully with the United States to address and take action necessary to prevent circumvention as provided in Ar- ticle 5 of the Agreement on Textiles and Clothing;