SUBCHAPTER XX
GOODS ELIGIBLE FOR SPECIAL TARIFF BENEFITS UNDER THE
UNITED STATES-CARIBBEAN BASIN TRADE PARTNERSHIP ACT
XXII
98-XX-1
U.S. Notes
  • 1. The tariff treatment provided in this subchapter shall be accorded only to textile and apparel articles that are described in such subheadings and imported directly into the customs territory of the United States from a designated United States-Caribbean Basin Trade Partnership Act (CBTPA) beneficiary country enumerated in general note 17(a) to the tariff schedule. The following countries have been determined by the USTR to have satisfied the customs requirements of the CBTPA and, therefore, to be afforded the tariff treatment provided for in this note:
    Barbados, Belize, Curaao, Guyana, Haiti, Jamaica, Saint Lucia, Trinidad and Tobago
  • 2.
    • (a) Except as provided in this note, textile and apparel articles described in subheadings 9820.11.03 through 9820.11.33, inclusive, of this subchapter that are imported directly into the customs territory of the United States from a designated beneficiary CBTPA country enumerated in general note 17(a) to the tariff schedule shall be eligible to enter free of duty and free of any quantitative limitations, except as provided in this subchapter, under the terms of the provisions set forth in such subheadings and applicable legal notes, as indicated by the rate of duty of "Free" in the Special rates of duty subcolumn for such provisions. For purposes of subheadings 9820.11.03, 9820.11.06, 9820.11.18, and 9820.11.33, apparel articles entered on or after September 1, 2002, that are assembled in a beneficiary CBTPA country from knitted or crocheted fabrics or from woven fabrics shall be eligible to receive the duty treatment provided for in this note only if all dyeing, printing and finishing of such fabrics from which the articles are assembled is carried out in the United States.
    • (b) Imports of apparel articles under subheading 9820.11.09 shall be limited, in the period beginning on October 2, 2000 and continuing through the close of September 30, 2001, to an aggregate quantity not to exceed 250,000,000 square meter equivalents. Such imports of apparel articles shall be limited, during each of the one-year periods provided for herein, to the following aggregate quantity of square meter equivalents:
      12-Month PeriodSquare Meter Equivalents
      October 1, 2001 through September 30, 2002290,000,000
      October 1, 2002 through September 30, 2003500,000,000
      October 1, 2003 through September 30, 2004850,000,000
      October 1, 2004 through September 30, 2005
      and subsequent 12-month periods 970,000,000
    • (c) Imports of t-shirts under subheading 9820.11.12 shall be limited, in the period beginning on October 2, 2000 and continuing through the close of September 30, 2001, to an aggregate quantity not to exceed 4,200,000 dozen. Such imports of such t-shirts shall be limited, during each of the one-year periods provided for herein, to the following aggregate quantity:
      12-Month PeriodAggregate Quantity in Dozens
      October 1, 2001 through September 30, 20024,872,000
      October 1, 2002 through September 30, 20039,000,000
      October 1, 2003 through September 30, 200410,000,000
      October 1, 2004 through September 30, 2005
      and subsequent 12-month periods12,000,000
    • (d) For purposes of subheading 9820.11.15, imports of brassieres of a producer or an entity controlling production, during the period beginning on October 1, 2001, and during each of the six succeeding 1-year periods, shall be eligible for preferential treatment only if the aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the production of all such articles of that producer or entity that are entered and eligible under subheading 9820.11.15 during the preceding 1-year period is at least 75 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under subheading 9820.11.15 during the preceding 1-year period. The United States Customs Service shall develop and implement methods and procedures to ensure ongoing compliance with the provisions of this paragraph. If the Customs Service finds that a producer or an entity controlling production has not satisfied such provisions in a 1-year period, then such apparel articles of that producer or entity shall be ineligible for preferential treatment under subheading 9820.11.15 during any succeeding 1-year period until the aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States used in the production of such articles of that producer or entity entered during the preceding 12-month period is at least 85 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under subheading 9820.11.15 during the preceding 1-year period.
  • 3.
    • (a) An article otherwise eligible for preferential treatment under any provision of this subchapter shall not be ineligible for such treatment because the article contains--
      • (i) findings or trimmings of foreign origin, if the value of such findings and trimmings does not exceed 25 percent of the cost of the components of the assembled article; or
      • (ii) certain interlinings of foreign origin, if the value of such interlinings (and any findings and trimmings of foreign origin) does not exceed 25 percent of the cost of the components of the assembled article; or
      • (iii) fibers or yarns not wholly formed in the United States or in one or more designated beneficiary countries enumerated in general note 17(a) to the tariff schedule, provided that the total weight of all such fibers and yarns is not more than 7 percent of the total weight of the article; or
      • (iv) thread, used to assemble such apparel article, that is dyed, printed or finished in one or more CBTPA beneficiary countries.
      Notwithstanding subdivision (iii) above, an apparel article containing elastomeric yarns shall be eligible for preferential tariff treatment under this note only if such yarns are wholly formed in the United States.
    • (b) For purposes of subdivision (a)(i) above, findings or trimmings eligible under such subdivision include sewing thread, hooks and eyes, snaps, buttons, "bow buds", decorative lace trim, elastic strips, zippers (including zipper tapes) and labels and other similar products. Elastic strips are considered findings or trimmings only if they are each less than 2.54 cm in width and used in the production of brassieres. For purposes of articles described in subheading 9820.11.06, 9820.11.18, and 9820.11.33, sewing thread shall not be considered to be findings or trimmings.
    • (c) For purposes of subdivision (a)(ii) above, the interlinings eligible under such subdivision 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.
    • (d) For purposes of U.S. note 7(i) to subchapter II of this chapter and subheadings 9820.11.03, 9820.11.06 and 9820.11.18, an article otherwise eligible for preferential treatment under such subheadings shall not be ineligible for such treatment because the article contains nylon filament yarn (other than elastomeric yarn) classifiable under subheading 5402.11.30, 5402.11.60, 5402.19.30, 5402.19.60, 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.45.10, 5402.45.90, 5402.51.00 or 5402.61.00 of the tariff schedule that entered free of duty as a product of Israel under the terms of general note 8 to the tariff schedule or as a good of Canada or a good of Mexico under the terms of general note 12 to the tariff schedule.
  • 4. For purposes of subheading 9820.11.30, goods entered under this provision must be certified, by a competent authority of a designated beneficiary country enumerated in general note 17(a) to the tariff schedule, as eligible products of such country, in accordance with requirements established by the appropriate U.S. government authority.
  • 5. Articles that undergo production in a CBTPA beneficiary country and a former CBTPA beneficiary country.
    • (a) For purposes of determining the eligibility of an article for preferential treatment under this subchapter references to--
      • (i) a "CBTPA beneficiary country" shall be considered to include any former CBPTA beneficiary country, and
      • (ii) "CBTPA beneficiary countries" shall be considered to include former CBTPA beneficiary countries,
      if the article, or a good used in the production of the article, undergoes production in a CBPTA beneficiary country.
    • (b) An article that is eligible for preferential treatment under subdivision (a) of this note shall not be ineligible for such treatment because the article is imported directly from a former CBTPA beneficiary country.
    • (c) Notwithstanding subdivisions (a) and (b) of this note, an article that is a good of a former CBTPA beneficiary country for purposes of section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) or section 334 of the Uruguay Round Agreements Act (19 U.S.C. 3592), as the case may be, shall not be eligible for preferential treatment under this note.
    • (d) Notwithstanding subdivision (c) of this note, an article shall be eligible for preferential treatment under this note if--
      • (1) the article is a good of Dominican Republic for purposes of section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) or section 334 of the Uruguay Round Agreements Act (19 U.S.C. 3592), as the case may be, and
      • (2) the article, or a good used in the production of the article, undergoes production in Haiti.
    • (e)
      • (i) For the purposes of this subchapter, the term "former CBTPA beneficiary country" means a country that ceases to be designated as a CBTPA beneficiary country under U.S. note 1 to this subchapter because the country has become a party to a free trade agreement with the United States.
      • (ii) For the purposes of this note, the following countries are former CBTPA beneficiary countries:
        El SalvadorDominican RepublicNicaraguaPanama
        HondurasGuatemalaCosta Rica
  • 6. Implementation of the Haitian Hemispheric Opportunity Through Partnership Encouragement Act of 2006.
    • (a) For purposes of heading 9820.85.44, any product of Haiti described in such heading and classifiable in subheading 8544.30.00 of the tariff schedule that is imported directly from Haiti into the customs territory of the United States shall be eligible for the duty treatment provided therein during the period from December 20, 2006, through December 19, 2020, inclusive, provided that--
      • (i) the cost or value of the materials produced in Haiti or one or more of the countries set forth in subdivision (b) of this note, or any combination thereof, plus
      • (ii) the direct costs of processing operations (as defined in general note 7(b) to the tariff schedule) performed in Haiti or the United States, or both,
      is not less than 50 percent of the declared customs value of such product.
    • (b)
      • (i) For purposes of subdivisions (a)(i) and (c) of this note, the countries included are the United States, Israel, Canada, Mexico, Jordan, Singapore, Chile, Australia, Morocco, Bahrain, El Salvador, Honduras, Nicaragua, Guatemala, Dominican Republic, Costa Rica, Peru, Oman, Korea, Colombia, Panama and designated beneficiary countries enumerated in general notes 11, 16 or 17 to the tariff schedule.
      • (ii) For purposes of this note, an applicable 1-year period shall comprise the time period starting on December 20 of a calendar year from 2006 through 2017, inclusive, and ending on December 19 in the subsequent calendar year. 1The Trade Preferences Extension Act of 2015 extended the preferences under HOPE (and HOPE II and HELP) until the close of December 19, 2025,
    • (c) Apparel articles of a producer or entity controlling production that are imported directly from Haiti or the Dominican Republic under the terms of heading 9820.61.25 shall enter the United States free of duty during an applicable 1-year period specified in subdivision (b)(ii), subject to the limitations set forth in this note, provided that such apparel articles are wholly assembled, or are knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape and yarns, only if, for each entry in the applicable 1-year period, the sum of--
      • (i) the cost or value of the materials produced in Haiti or one or more countries enumerated in subdivision (b) of this note, or any combination thereof, plus
      • (ii) the direct costs of processing operations (as defined in general note 7(b) to the tariff schedule) performed in Haiti or one or more countries enumerated in subdivision (b) of this note, or any combination thereof,
      is not less than the applicable percentage (as defined in subdivision (f) of this note) of the declared customs value of such apparel articles.
    • (d) In calculating cost or value under subdivision (c)(i) of this note, there shall be deducted the cost or value of--
      • (i) any foreign materials that are used in the production of the apparel articles in Haiti; and
      • (ii) any foreign materials that are used in the production of the materials described in subdivision (c)(i).
    • (e) For purposes of heading 9820.61.30--
      • (i) In the initial applicable 1-year period beginning on December 20, 2006, the requirements under subdivision (c) relating to applicable percentage may also be met for articles of a producer or an entity controlling production that enter during such initial applicable 1-year period by aggregating--
        • (A) the cost or value of materials under subdivision (c)(i), and
        • (B) the direct costs of processing operations under subdivision (c)(ii),
        of all apparel articles for that producer or entity controlling production that are wholly assembled, or are knit-to-shape, in Haiti and are entered during such initial applicable 1-year period.
      • (ii) In each 1-year period specified in subdivision (b)(ii) of such note after the initial applicable 1-year period, the requirements under subdivision (c)(i) relating to applicable percentage may also be met for articles of a producer or an entity controlling production that enter during such applicable 1-year period by aggregating--
        • (A) the cost or value of materials under subdivision (c)(i), and
        • (B) the direct costs of processing operations under subdivision (c)(ii),
        of all apparel articles for that producer or entity controlling production that are wholly assembled, or are knit-to-shape, in Haiti and are entered during the preceding applicable 1-year period.
      • (iii) In calculating cost or value under subdivision (e)(i) or (e)(ii), there shall be deducted the cost or value of--
        • (A) any foreign materials that are used in the production of the apparel articles in Haiti; and
        • (B) any foreign materials that are used in the production of the materials described in subdivision (e)(i)(A) or (e)(ii)(A), as the case may be.
      • (iv) Entries of apparel articles that receive preferential treatment under any provision of law other than this note or are subject to the column 1-general rate of duty under the tariff schedule are not included in the annual aggregation under subdivision (e)(i) or (e)(ii) of this note unless the producer or entity controlling production elects, at the time the annual aggregation calculation is made, to include such entries in such aggregation.
    • (f) For purposes of this note--
      • (i) the term "applicable percentage" means--
        • (A) 50 percent or more during the 1-year periods beginning on December 20 in 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 or 2014;
        • (B) 55 percent or more during the 1-year periods beginning on December 20 in 2015 or 2016; and
        • (C) 60 percent or more during the 1-year period beginning on December 20, 2017.
      • (ii) the term "foreign material" means a material produced in a country other than Haiti or any country enumerated in subdivision (b) of this note.
      • (iii) For purposes of determining the applicable percentage under subdivision (c), (e)(i) or (e)(ii) of this note, there may be included in that percentage--
        • (A) the cost of fabrics or yarns to the extent that apparel articles of such fabrics or yarns would be eligible for preferential treatment, without regard to the source of the fabrics or yarns, under general note 12(t) to the tariff schedule; and
        • (B) the cost of fabrics or yarns that are designated as not being available in commercial quantities for purposes of--
          • (1) heading 9820.11.27;
          • (2) heading 9819.11.24;
          • (3) heading 9822.05.01, or
          • (4) heading 9822.06.20,
        without regard to the source of the fabrics or yarns.
    • (g)
      • (i) The preferential treatment accorded under headings 9820.61.25 and 9820.61.30 shall be extended, during each of the applicable 1-year periods set forth in the table below, to not more than the corresponding percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period for which data are available and published in the Federal Register by the Committee for the Implementation of Textile Agreements:
        Applicable 1-year periodPercentage
        December 20, 2006-December 19, 20071 percent
        December 20, 2007-December 19, 2008, and each succeeding 1-year period through December 20, 2017-December 19, 2018 1.25 percent.
        No preferential treatment shall be provided under this subdivision after the close of December 19, 2018. 1The Trade Preferences Extension Act of 2015 extended the preferences under HOPE (and HOPE II and HELP) until the close of December 19, 2025,
      • (ii) Any apparel article that qualifies for preferential treatment under subdivisions (h) through (p), inclusive, of this note or any other provision of the tariff schedule shall not be subject to, or included in the calculation of, the quantitative limitations under subdivision (g)(i) of this note.
    • (h)
      • (i) The preferential treatment provided under heading 9820.62.05 shall be extended to any apparel article classifiable under chapter 62 of the tariff schedule that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic, subject to subdivisions (h)(ii) and (h)(iii) of this note, without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made.
      • (ii) Except as provided in subdivision (h)(iv) of this note, the preferential treatment provided under subdivision (h)(i) of this note shall be extended, in the 1-year period beginning October 1, 2008, and in each of the eleven succeeding 1-year periods, to not more than 70,000,000 square meter equivalents of apparel articles described in such subdivision.
      • (iii) Any apparel article that qualifies for preferential treatment under subdivision (g) or subdivisions (i) through (p), inclusive, of this note or any other provision of the tariff schedule shall not be subject to, or included in the calculation of, the quantitative limitation under subdivision (ii) of this note.
      • (iv)
        • (A) Except as provided in subdivisions (h)(iv)(B) and (h)(iv)(C) of this note and subject to subdivision (h)(iv)(D), if 52,000,000 square meter equivalents of apparel articles described in subdivision (h)(i) or (j)(i) of this note enter the United States during the 1-year period beginning October 1, 2009, or any of the succeeding 1-year periods, the preferential treatment described in such subdivision (h)(i) or (j)(i) of this note(as the case may be) to not more than 200,000,000 square meter equivalents of apparel articles described in such subdivision (h)(i) or (j)(i) of this note (as the case may be) during that 1-year period in a notice of the extension published in the Federal Register.
        • (B)
          • (I) In the case of apparel articles described in subdivision (h)(iv)(B)(II) of this note, subdivision (h)(iv)(B)(I) shall be applied by substituting "70,000,000" for "200,000,000".
          • (II) Apparel articles described in this subdivision are apparel articles described below that fall within the statistical reporting numbers of the tariff schedule (as in effect on May 23, 2010), enumerated below:
            • 6203.19.1020, 6203.19.9020, 6203.22.3020, 6203.22.3030, 6203.23.0060, 6203.23.0070, 6203.29.2030, 6203.29.2035, 6203.42.4003, 6203.42.4006, 6203.42.4011, 6203.42.4016, 6203.42.4026, 6203.42.4036, 6203.42.4046, 6203.42.4051, 6203.42.4061, 6203.43.2500, 6203.43.3510, 6203.43.3590, 6203.43.4010, 6203.43.4020, 6203.43.4030, 6203.43.4040, 6203.49.1500, 6203.49.2015, 6203.49.2030, 6203.49.2045, 6203.49.2060, 6203.49.8020, 6203.49.8030, 6204.12.0030, 6204.19.8030, 6204.22.3040, 6204.22.3050, 6204.23.0040, 6204.23.0045, 6204.29.2020, 6204.29.2025, 6204.29.4034, 6204.29.4038, 6204.62.3000, 6204.62.4003, 6204.62.4006, 6204.62.4011, 6204.62.4021, 6204.62.4031, 6204.62.4041, 6204.62.4051, 6204.62.4056, 6204.62.4066, 6204.63.2000, 6204.63.3010, 6204.63.3090, 6204.63.3510, 6204.63.3530, 6204.63.3532, 6204.63.3540, 6204.69.2510, 6204.69.2530, 6204.69.2540, 6204.69.2560, 6204.69.6010, 6204.69.6030, 6204.69.9010, 6204.69.9030, 6210.40.5031, 6210.40.5039, 6210.40.9033, 6210.50.5031, 6210.50.5039, 6210.50.9060, 6211.20.1520, 6211.20.1525, 6211.20.1550, 6211.20.1555, 6211.20.3810, 6211.20.3820, 6211.20.6810, 6211.20.6820, 6211.32.0040, 6211.33.0030, 6211.42.0030, 6211.43.0040, 6217.90.9050 or 6217.90.9060.
        • (C)
          • (I) In the case of apparel articles described in subdivision (h)(iv)(C)(II) of this note, subdivision (h)(iv)(B)(I) shall be applied by substituting "85,000,000" for "200,000,000".
          • (II) Apparel articles described in this subdivision are apparel articles described below that fall within the statistical reporting numbers of the tariff schedule (as in effect on May 23, 2010), enumerated below:
            6105.10.0010, 6209.10.0018, 6109.10.0027, 6109.10.0040, 6109.10.0045, 6110.20.2079, 6110.30.3053 or 6110.30.3059.
        • (D)
          • (I) Not later than April 1, July 1, October 1 and January 1 of each year, the Commissioner responsible for United States Customs and Border Protection shall verify that apparel articles imported into the United States under subdivision (h)(iv) of this note are not being unlawfully transshipped (within the meaning of 19 U.S.C. 2703a(f)(2)) into the United States.
          • (II) If the Commissioner determines pursuant to subdivision (h)(iv)(D)(I) of this note that apparel articles imported into the United States under subdivision (h)(iv) of this note are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President.
          • (III) If, in any 1-year period with respect to which preferential treatment is available under subdivision (h)(iv) of this note, the Commissioner reports to the President pursuant to subdivision (I) regarding unlawful transshipments, the President--
            • (aa) may modify the quantitative limitation under subdivision (h)(iv) of this note as the President considers appropriate to account for such transshipments; and
            • (bb) if the President modifies the limitation as described in subdivision (aa) above, shall publish notice of the modification in the Federal Register.
    • (i) The preferential treatment provided under heading 9820.62.12 shall be extended to any article classifiable in subheading 6212.10 of the tariff schedule, if the article is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic, without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made.
    • (j)
      • (i) The preferential treatment provided in heading 9820.61.35 shall be extended to any apparel article classifiable under chapter 61 of the tariff schedule that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic, subject to subdivisions (j)(ii), (j)(iii) and (j)(iv) of this note, without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made.
      • (ii) The preferential treatment described in subdivision (j)(i) of this note shall not apply to the following:
        • (A) the following apparel articles of cotton, for men or boys, that are classifiable under subheading 6109.10.00 of the tariff schedule:
          • (1) all white T-shirts, with short hemmed sleeves and hemmed bottom, with crew or round neckline or with V-neck and with a mitered seam at the center of the V, and without pockets, trim or embroidery;
          • (2) all white singlets, without pockets, trim or embroidery;
          • (3) other T-shirts, but not including thermal undershirts;
        • (B) T-shirts for men or boys that are classifiable under subheading 6109.90.10;
        • (C) the following apparel articles of cotton, for men or boys, that are classifiable under subheading 6110.20.20 of the tariff schedule:
          • (1) sweatshirts; or
          • (2) pullovers, other than sweaters, vests or garments imported as part of playsuits; or
        • (D) sweatshirts for men or boys, of man-made fibers and containing less than 65 percent by weight of man-made fibers, that are classifiable under subheading 6110.30.30 of the tariff schedule.
      • (iii) Except as provided in subdivision (h)(iv) of this note, the preferential treatment described in subdivision (j)(i) of this note shall be extended, in the 1-year period beginning October 1, 2008, and in each of the eleven succeeding 1-year periods, to not more than 70,000,000 square meter equivalents of apparel articles described in such subdivision.
      • (iv) Any apparel that qualifies for preferential treatment under subdivisions (g) through (i) or (k) through (p), inclusive, of this note or any other provision of the tariff schedule shall not be subject to, or included in the calculation of, the quantitative limitation under subdivision (j)(iii) of this note.
    • (k) The preferential treatment provided in heading 9820.61.40 shall be extended to any of the following apparel articles that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made:
      • (i) with respect to chapter 61, subheadings 6102.20.00, 6102.90.90 (for goods subject to cotton restraints), 6104.13.20, 6104.19.15, 6104.19.60 (for jackets imported as parts of suits), 6104.19.80 (for jackets imported as parts of suits and subject to cotton restraints or subject to man-made fiber restraints), 6104.22.00 (for garments described in heading 6102 or jackets and blazers described in heading 6104), 6104.29.20 (for garments described in heading 6102 or jackets and blazers described in heading 6104, the foregoing subject to cotton restraints), 6104.32.00, 6104.39.20 (for goods subject to cotton restraints), 6112.11.00 (for women's or girls' garments described in heading 6101 or 6102), 6113.00.90 (for coats and jackets of cotton, for women or girls) or 6117.90.90 (for coats and jackets of cotton); or
      • (ii) with respect to chapter 62, subheading 6202.30.20, 6202.40.65, 6202.90.29 (for goods subject to cotton restraints), 6202.91.20 (for goods for women), 6202.92.15, 6202.92.20 (other than padded, sleeveless jackets without attachments for sleeves), 6202.99.90 (for goods subject to cotton restraints), 6203.39.90 (for goods subject to wool restraints), 6204.12.00 (for jackets imported as parts of suits), 6204.13.20, 6204.19.20, 6204.19.80 (for jackets imported as parts of suits and subject to cotton restraints, or for goods subject to man-made fiber restraints), 6204.22.30 (for garments described in heading 6202, or for jackets and blazers described in heading 6204), 6204.23.00, 6204.29, 6204.32, 6204.33.20, 6204.39.80, 6204.42.30 (for garments for girls, other than of corduroy), 6204.43.40 (for garments for girls), 6204.44.40 (for garments for girls), 6205.20.20 (for dress shirts for men, with two or more colors in the warp and/or the filling, each with collar and sleeve size stated in inches, without dual collar sizing, the foregoing individually packaged with chipboards, pins, jett clips, individual polybags and hang tags ready for retail sale), 6205.30.20 (for dress shirts for men, with two or more colors in the warp and/or the filling, each with collar and sleeve size stated in inches, without dual collar sizing, the foregoing individually packaged with chipboards, pins, jett clips, individual polybags and hang tags ready for retail sale), 6207 (for boxers, pajamas or nightwear only), 6208 (for boxers, pajamas or nightwear only), 6209.20.10, 6210.30.90 (for garments other than of linen), 6210.50.90 (for anoraks), 6211.20.15 (for anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), for women or girls, of cotton, imported as parts of ski suits), 6211.20.58 (for goods of cotton), 6211.49.11 (for jackets and jacket-type garments excluded from heading 6202), 6211.42.00 (for track suits, other than trousers, or for jackets and jacket-type garments excluded from heading 6202), 6212.10 or 6217.90.90 (for coats and jackets, of cotton).
    • (l) The preferential tariff treatment provided in heading 9820.42.05 shall be extended to any article classifiable under subheading 4202.12, 4202.22, 4202.32 or 4202.92 of the tariff schedule that is wholly assembled in Haiti and is imported directly from Haiti or the Dominican Republic, without regard to the source of the fabric, components or materials from which the article is made.
    • (m) The preferential tariff treatment provided in heading 9820.65.05 shall be extended to any article classifiable under heading 6501, 6502 or 6504 or subheading subheadings 6505.00.04 through 6505.00.90 of the tariff schedule that is wholly assembled, knit-to-shape or formed in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic, without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made.
    • (n) The preferential tariff treatment provided in heading 9820.62.20 shall be extended to any of the following apparel articles that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic, without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made:
      • (i) Pajama bottoms and other sleepwear for women and girls, of cotton, that are classifiable under subheading 6208.91.30, or of man-made fibers, that are classifiable under subheading 6208.92.00; or
      • (ii) Pajama bottoms and other sleepwear for girls, of other textile materials, that are classifiable under subheading 6208.99.20.
    • (o) The preferential treatment provided under heading 9820.62.25 shall be extended to apparel articles wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and imported directly from Haiti or the Dominican Republic, without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate that reflects the amount of credits equal to the total square meter equivalents of such apparel articles, in accordance with the program established by the Secretary of Commerce pursuant to section 15402 of Public Law 110-246. For purposes of determining the quantity of square meter equivalents under this subdivision, the conversion factors listed in "Correlation: U.S. Textile and Apparel Industry Category System with the Harmonized Tariff Schedule of the United States, 2008" or its successor publications of the United States Department of Commerce shall apply.
    • (p) The preferential treatment provided under heading 9820.62.30 shall be extended to any apparel article that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic, without regard to the source of the fabrics, fabric components, components knit-to-shape or yarns from which the article is made, if the fabrics, fabric components, components knit-to-shape or yarns comprising the component that determines the tariff classification of the article are of any of the following:
      • (i) fabrics or yarns, to the extent that apparel articles of such fabrics or yarns would be eligible for preferential treatment, without regard to the source of the fabrics or yarns, under general note 12(t) to the tariff schedule;
      • (ii) fabrics or yarns, to the extent that such fabrics or yarns are designated as not being available in commercial quantities for purposes of--
        • (A) heading 9820.11.27;
        • (B) heading 9819.11.24;
        • (C) heading 9822.05.01; or
        • (D) any other provision, relating to determining whether a textile or apparel article is an originating good eligible for preferential treatment, of a law that implements a free trade agreement entered into by the United States that is in effect at the time the claim for preferential treatment is made,
        • without regard to the source of the fabrics or yarns.
    • (q)
      • (i) For purposes of heading 9820.61.45, any of the apparel articles described in subdivision (q)(ii) of this note that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabrics components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made.
      • (ii) The apparel articles that are eligible for the treatment provided under subdivision (q)(i) of this note are apparel articles that are described in the following statistical reporting numbers of the tariff schedule, as in effect on May 23, 2010:
        • 6101.30.1000, 6101.30.1500, 6101.90.0500, 6101.90.9010, 6101.90.9020, 6101.90.9030, 6102.30.0500, 6102.30.1000, 6102.90.9010, 6102.90.9015, 6103.22.0010, 6103.22.0050, 6103.23.0005, 6103.23.0007, 6103.23.0025, 6103.23.0036, 6103.23.0037, 6103.23.0075, 6103.29.0500, 6103.29.0510, 6103.29.0520, 6103.29.1010, 6103.29.1015, 6103.29.1050, 6103.31.0000, 6103.33.1000, 6103.33.2000, 6103.39.1000, 6103.39.8020, 6103.39.8030, 6104.22.0010, 6104.22.0030, 6104.22.0060, 6104.23.0010, 6104.23.0020, 6104.23.0025, 6104.23.0036, 6104.29.0510, 6104.29.0560, 6104.29.1010, 6104.29.1050, 6104.29.2010, 6104.29.2012, 6104.29.2014, 6104.29.2022, 6104.29.2049, 6104.29.2051, 6104.29.2055, 6104.33.1000, 6104.39.2020, 6104.39.2030, 6104.44.2020, 6104.49.9010, 6104.49.9030, 6104.52.0010, 6104.52.0020, 6104.59.8010, 6105.90.1000, 6105.90.8010, 6105.90.8020, 6105.90.8030, 6106.20.1020, 6106.90.1010, 6106.90.1020, 6106.90.2510, 6106.90.2520, 6106.90.2530, 6106.90.3010, 6106.90.3020, 6106.90.3030, 6107.21.0010, 6107.21.0020, 6107.21.0030, 6107.22.0010, 6107.22.0015, 6107.22.0025, 6107.91.0030, 6107.91.0040, 6107.91.0090, 6107.99.1030, 6108.31.0010, 6108.31.0020, 6108.32.0015, 6110.11.0070, 6110.12.2070, 6110.12.2080, 6110.19.0070, 6110.19.0080, 6110.20.1031, 6110.20.1033, 6110.30.1050, 6110.30.1060, 6110.30.1550, 6110.30.1560, 6110.30.2051, 6110.30.2053, 6110.30.2061, 6110.30.2063, 6112.11.0010, 6112.11.0020, 6112.11.0030, 6112.11.0040, 6112.12.0010, 6112.12.0020, 6112.12.0030, 6112.12.0040, 6112.19.1010, 6112.19.1020, 6112.19.1030, 6112.19.1040, 6112.20.1010, 6112.20.1020, 6112.20.1030, 6112.20.1040, 6113.00.9015, 6113.00.9025 or 6113.00.9030.
    • (r)
      • (i) For purposes of heading 9820.63.05, any made-up textile article described in subdivision (r)(ii) of this note that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made.
      • (ii) The made-up textile articles that are eligible for the treatment provided under subdivision (r)(i) of this note are the made-up textile articles that are described in the following statistical reporting numbers of the tariff schedule, as in effect on May 23, 2010:
        5601.10.2000, 5601.22.0090, 5601.29.0010, 5601.29.0020, 5601.29.0090, 5701.10.9000, 5701.90.1030, 5701.90.2010, 5701.90.2020, 5701.90.2030, 5702.31.1000, 5702.31.2000, 5702.32.1000, 5702.32.2000, 5702.39.2010, 5702.42.2090, 5702.50.2000, 5702.50.4000, 5702.50.5200, 5702.50.5600, 5702.91.3000, 5702.91.4000, 5702.92.1000, 5702.92.9000, 5702.99.0500, 5702.99.1500, 5703.10.2000, 5703.10.8000, 5703.21.0010, 5703.21.0090, 5703.29.1000, 5703.29.2010, 5703.29.2090, 5703.31.0030, 5703.31.0060, 5703.31.0085, 5703.39.1000, 5703.39.2030, 5703.39.2090, 5704.10.0010, 5704.10.0090, 5705.00.2005, 5705.00.2015, 5705.00.2030, 5807.10.0510, 5807.10.0520, 5807.90.0510, 5807.90.0520, 6301.30.0010, 6301.30.0020, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6301.90.0020, 6301.90.0030, 6302.39.0010, 6302.60.0010, 6302.60.0020, 6302.60.0030, 6302.91.0005, 6302.91.0015, 6302.91.0035, 6302.91.0045, 6302.91.0050, 6304.11.2000, 6304.11.3000, 6304.19.3040, 6304.19.3060, 6304.91.0020, 6304.91.0040, 6304.91.0050, 6304.91.0070, 6304.92.0000, 6304.93.0000, 6304.99.1500, 6304.99.3500, 6304.99.6010, 6304.99.6020, 6304.99.6040, 6305.20.0000, 6305.32.0010, 6305.32.0020, 6305.32.0050, 6305.32.0060, 6305.39.0000, 6305.90.0000, 6307.10.1020, 6307.10.1090, 6307.90.3010, 6307.90.3020, 6307.90.8910, 6307.90.8940, 6307.90.8945, 6308.00.0020, 6406.10.7700, 6406.10.9020, 6406.10.9040, 6406.10.9060, 6406.10.9090, 9404.90.1000 or 9404.90.9605. 1Statistical reporting number 5703.30.8080 was subdivided into 5703.30.8060 and 5703.30.8085 effective July 1, 2015.
Statistical Note
  • 1. For statistical reporting of merchandise under the subheadings of this subchapter:
    • (a) Report the 8-digit number (or 10-digit number, if any) found in this subchapter in addition to the 10-digit number appearing in chapters 1-97 which would be applicable but for the provisions of this subchapter; and
    • (b) The quantities reported should be in the units provided in chapters 1-97.

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