For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates of 2005 Amendment note below.
This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–67,
Section 423 of the Tax Reform Act of 1986, referred to in subsec. (a)(1), is section 423 of Pub. L. 99–514, title IV,
The Trade Act of 1974, referred to in subsecs. (b)(1)(B), (e)(1), and (h)(1)(B), is Pub. L. 93–618,
Section 108(b)(5) of Public Law 103–182, referred to in subsec. (b)(5)(D)(ii), was classified to section 3317(b)(5) of this title prior to repeal by Pub. L. 116–113, title VI, § 601,
The United States-Caribbean Basin Trade Partnership Act, referred to in subsec. (b)(5)(E), is title II of Pub. L. 106–200,
The Harmonized Tariff Schedule of the United States, referred to in subsec. (c)(1)(A), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
Section 2701 of this title, referred to in subsec. (e)(5)(A), was in the original “section 101 of this title” which has been translated as the probable intent of Congress as meaning section 211 of this title.
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendment of subsec. (b)(2)(A)(i) by Pub. L. 107–210, § 3107(a)(1)(B), as amended by Pub. L. 108–429, § 2004(b)(2), was executed after amendment by Pub. L. 107–206, § 3001[(a)](1), as if the amendment by Pub. L. 108–429, § 2004(b)(2), was included in the enactment of Pub. L. 107–210, § 3107(a)(1)(B), and notwithstanding section 3001(c) of Pub. L. 107–206, set out as an Effective Date of 2002 Amendments note below, to reflect the probable intent of Congress.
Amendment of subsec. (b)(2)(A)(ii) by Pub. L. 107–210, § 3107(a)(2), was executed after amendment by Pub. L. 107–206, § 3001[(a)](2), notwithstanding section 3001(c) of Pub. L. 107–206, set out as an Effective Date of 2002 Amendments note below, to reflect the probable intent of Congress.
2020—Subsec. (b)(2)(A)(iii)(II)(cc), (IV)(dd). Pub. L. 116–164, § 2(1), substituted “
Subsec. (b)(2)(A)(iv)(II). Pub. L. 116–164, § 2(2), substituted “28” for “18”.
Subsec. (b)(2)(A)(v)(I). Pub. L. 116–260, § 602(b)(2)(A)(i)(I), substituted “Annex 4–B of the USMCA” for “Annex 401 of the NAFTA”.
Subsec. (b)(2)(A)(vii)(IV). Pub. L. 116–260, § 602(b)(2)(A)(i)(II), inserted dash after “duty-free from” and item (aa) designation before “a country”, substituted “1995; or” for “1995.”, and added item (bb).
Subsec. (b)(2)(C). Pub. L. 116–260, § 602(b)(2)(A)(ii), substituted “article 6.2 of the USMCA” for “section 2.3(a), (b), or (c) of the Annex or Appendix 3.1.B.11 of the Annex”.
Subsec. (b)(3)(A)(i). Pub. L. 116–260, § 602(b)(2)(B), substituted “Annex 2–B of the USMCA” for “Annex 302.2 of the NAFTA”.
Subsec. (b)(4)(A)(i). Pub. L. 116–260, § 602(b)(2)(C)(i)(I), substituted “article 5.4.1 of the USMCA” for “Article 502(1) of the NAFTA”.
Subsec. (b)(4)(A)(ii)(I). Pub. L. 116–260, § 602(b)(2)(C)(i)(II), substituted “chapter 5 of the USMCA” for “chapter 5 of the NAFTA” in concluding provisions.
Subsec. (b)(4)(B). Pub. L. 116–260, § 602(b)(2)(C)(ii), substituted “article 5.5 of the USMCA” for “Article 503 of the NAFTA”.
Subsec. (b)(5)(A). Pub. L. 116–260, § 602(b)(2)(D)(i), substituted “North American Free Trade Agreement entered into between the United States, Mexico, and Canada on
Subsec. (b)(5)(C). Pub. L. 116–260, § 602(b)(2)(D)(ii), substituted “USMCA” for “NAFTA” wherever appearing.
Subsec. (b)(5)(D)(i). Pub. L. 116–164, § 2(3), substituted “
2010—Subsec. (b)(2)(A)(iii)(II)(cc), (IV)(dd). Pub. L. 111–171, § 3(1)(A)(i), substituted “
Subsec. (b)(2)(A)(iv)(II). Pub. L. 111–171, § 3(1)(A)(ii), substituted “18” for “8”.
Subsec. (b)(5)(D)(i). Pub. L. 111–171, § 3(1)(B), substituted “
2008—Subsec. (b)(2)(A)(iii)(II)(cc), (IV)(dd). Pub. L. 110–246, § 15408(1)(A), substituted “2010” for “2008”.
Subsec. (b)(2)(A)(iv)(II). Pub. L. 110–246, § 15408(1)(B), substituted “8” for “6”.
Subsec. (b)(5)(D)(i). Pub. L. 110–246, § 15408(2)(A), substituted “2010” for “2008”.
Subsec. (b)(5)(D)(ii). Pub. L. 110–246, § 15408(2)(B), substituted “set forth in section 3317(b)(5)” for “set forth in 3317(b)(5)”.
2006—Subsec. (b)(2)(A)(v)(III). Pub. L. 109–432 added subcl. (III).
2005—Subsec. (a)(1). Pub. L. 109–53, §§ 107(d), 402(c), temporarily substituted “the Commonwealth of Puerto Rico, the United States Virgin Islands, and any former beneficiary country” for “the Commonwealth of Puerto Rico and the United States Virgin Islands” in concluding provisions. See Effective and Termination Dates of 2005 Amendment note below.
Subsec. (b)(5)(G), (H). Pub. L. 109–53, §§ 107(d), 402(d), temporarily added subpars. (G) and (H). See Effective and Termination Dates of 2005 Amendment note below.
2004—Subsec. (b)(1)(B). Pub. L. 108–429, § 1558(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “footwear not designated at the time of the effective date of this chapter as eligible articles for the purpose of the generalized system of preferences under title V of the Trade Act of 1974;”.
Subsec. (b)(2)(A)(i). Pub. L. 108–429, § 2004(b)(2), amended directory language of Pub. L. 107–210, § 3107(a)(1)(B). See Codification note above and 2002 Amendment note below.
Pub. L. 108–429, § 2004(b)(1)(A), substituted “or both (including” for “(including” in introductory provisions.
Subsec. (b)(2)(A)(v)(I). Pub. L. 108–429, § 2004(b)(1)(B), struck out “, from fabrics or yarn that is not formed in the United States or in one or more CBTPA beneficiary countries” after “countries”.
Subsec. (b)(2)(A)(vii)(IV). Pub. L. 108–429, § 2004(b)(1)(C), substituted “(i), (ii), or (ix)” for “(i) or (ii)”.
Subsec. (b)(3)(A)(i). Pub. L. 108–429, § 1558(2)(A), substituted “Subject to clauses (ii) and (iii)” for “Subject to clause (ii)”.
Subsec. (b)(3)(A)(iii). Pub. L. 108–429, § 1558(2)(B), added cl. (iii).
2002—Subsec. (b)(2)(A)(i). Pub. L. 107–210, § 3107(a)(1)(B), as amended by Pub. L. 108–429, § 2004(b)(2), substituted “Apparel articles entered on or after
Pub. L. 107–210, § 3107(a)(1)(A), added introductory provisions and struck out former introductory provisions which read as follows: “Apparel articles assembled in one or more CBTPA beneficiary 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 HTS and are wholly formed and cut in the United States) that are—”.
Pub. L. 107–206, § 3001[(a)](1), inserted at end “Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States.” See Codification note above.
Subsec. (b)(2)(A)(ii). Pub. L. 107–210, § 3107(a)(2), amended heading and text of cl. (ii) generally. Prior to amendment, text read as follows: “Apparel articles cut in one or more CBTPA beneficiary 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 HTS and are wholly formed in the United States), if such articles are assembled in one or more such countries with thread formed in the United States. Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States.” See Codification note above.
Pub. L. 107–206, § 3001[(a)](2), inserted at end “Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States.” See Codification note above.
Subsec. (b)(2)(A)(iii)(II). Pub. L. 107–210, § 3107(a)(3), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “The amount referred to in subclause (I) is—
“(aa) 250,000,000 square meter equivalents during the 1-year period beginning on
“(bb) in each 1-year period thereafter through
Subsec. (b)(2)(A)(iii)(IV). Pub. L. 107–210, § 3107(a)(4), amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read as follows: “the amount referred to in subclause (III) is—
“(aa) 4,200,000 dozen during the 1-year period beginning on
“(bb) in each 1-year period thereafter, the amount in effect for the 1-year period ending on
Subsec. (b)(2)(A)(iv). Pub. L. 107–210, § 3107(a)(5), amended heading and text of cl. (iv) generally. Prior to amendment, text read as follows:
“(I) Subject to subclause (II), any apparel article classifiable under subheading 6212.10 of the HTS, if the article is both cut and sewn or otherwise assembled in the United States, or one or more of the CBTPA beneficiary countries, or both.
“(II) During the 1-year period beginning on
“(III) The United States Customs Service shall develop and implement methods and procedures to ensure ongoing compliance with the requirement set forth in subclause (II). If the Customs Service finds that a producer or an entity controlling production has not satisfied such requirement in a 1-year period, then apparel articles described in subclause (I) of that producer or entity shall be ineligible for preferential treatment under subparagraph (B) during any succeeding 1-year period until the aggregate cost of fabric components formed in the United States used in the production of such articles of that producer or entity in the preceding 1-year period is at least 85 percent of the aggregate declared customs value of the fabric contained in all such articles of that producer or entity that are entered during the preceding 1-year period.”
Subsec. (b)(2)(A)(vii)(V). Pub. L. 107–210, § 3107(a)(6), added subcl. (V).
Subsec. (b)(2)(A)(ix). Pub. L. 107–210, § 3107(a)(7), added cl. (ix).
2000—Subsec. (a)(1). Pub. L. 106–200, § 211(e)(1)(B), inserted “and except as provided in subsection (b)(2) and (3),” after “Tax Reform Act of 1986,” in introductory provisions.
Subsec. (a)(5). Pub. L. 106–200, § 212(1), made technical amendment to reference in original act which appears in text as reference to this chapter.
Subsec. (a)(6). Pub. L. 106–200, § 212(2), added par. (6).
Subsec. (b). Pub. L. 106–200, § 211(a), inserted heading and amended text generally. Prior to amendment, text read as follows: “The duty-free treatment provided under this chapter shall not apply to—
“(1) textile and apparel articles which are subject to textile agreements;
“(2) footwear not designated at the time of the effective date of this chapter as eligible articles for the purpose of the generalized system of preferences under title V of the Trade Act of 1974;
“(3) tuna, prepared or preserved in any manner, in airtight containers;
“(4) petroleum, or any product derived from petroleum, provided for in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States;
“(5) watches and watch parts (including cases, bracelets and straps), of whatever type including, but not limited to, mechanical, quartz digital or quartz analog, if such watches or watch parts contain any material which is the product of any country with respect to which HTS column 2 rates of duty apply; or
“(6) articles to which reduced rates of duty apply under subsection (h) of this section.”
1994—Subsec. (d). Pub. L. 103–465 amended subsec. (d) generally, substituting present provisions for provisions which established price support program protection for certain agricultural products from beneficiary countries.
1990—Subsec. (a)(5). Pub. L. 101–382, § 215(a), added par. (5).
Subsec. (b)(2). Pub. L. 101–382, § 212(b)(1), struck out “, handbags, luggage, flat goods, work gloves, and leather wearing apparel” after “footwear”.
Subsec. (b)(6). Pub. L. 101–382, § 212(b)(2)–(4), added par. (6).
Subsec. (h). Pub. L. 101–382, § 212(a), added subsec. (h).
1988—Subsec. (b)(4). Pub. L. 100–418, § 1214(q)(2)(A)(i), substituted “headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States” for “part 10 of schedule 4 of the TSUS”.
Subsec. (b)(5). Pub. L. 100–418, § 1214(q)(2)(A)(ii), substituted “HTS” for “TSUS”.
Subsec. (c)(1)(A)(i). Pub. L. 100–418, § 1214(q)(2)(B)(i), substituted “subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule of the United States” for “items 155.20 and 155.30 of the TSUS”.
Subsec. (c)(1)(A)(ii). Pub. L. 100–418, § 1214(q)(2)(B)(ii), substituted “chapters 2 and 16 of the Harmonized Tariff Schedule of the United States” for “subpart B of part 2 of schedule 1 of the TSUS”.
Subsec. (d). Pub. L. 100–418, § 1214(q)(2)(C), substituted “subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule of the United States” for “items 155.20 and 155.30 of the TSUS”.
Subsec. (e)(1). Pub. L. 100–418, § 1401(b)(2)(A), substituted “provided under chapter 1 of title II” for “proclaimed pursuant to section 203”.
Subsec. (e)(2). Pub. L. 100–418, § 1401(b)(2)(B), substituted “section 202(f)” for “section 201(d)(1)”.
Subsec. (e)(3). Pub. L. 100–418, § 1401(b)(2)(C), substituted “section 203” for “(a) and (c) of section 203”.
Subsec. (e)(4). Pub. L. 100–418, § 1401(b)(2)(D), substituted “taken under section 203” for “made under subsections (a) and (c) of section 203”, “under section 202(b) of the Trade Act of 1974” for “under section 201(b) of the Trade Act of 1974”, and “under such section” for “under section 201(b) of such Act”.
Subsec. (e)(5)(A). Pub. L. 100–418, § 1401(b)(2)(E)(i), substituted “action taken under section 203” for “proclamation issued pursuant to section 203”.
Subsec. (e)(5)(B). Pub. L. 100–418, § 1401(b)(2)(E)(ii), substituted “to any such action” for “to import relief”, “such action” for “such import relief”, and “section 203” for “subsections (h) and (i) of section 203”.
Subsec. (f)(4)(A). Pub. L. 100–418, § 1401(b)(2)(F)(i), substituted “taking of action under section 203” for “proclamation of import relief pursuant to section 202(a)(1)”.
Subsec. (f)(4)(B). Pub. L. 100–418, § 1401(b)(2)(F)(ii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “on the day the President makes a determination pursuant to section 203(b)(2) of such Act [19 U.S.C. 2253(b)(2)] not to impose import relief,”.
Subsec. (f)(5)(A). Pub. L. 100–418, § 1214(q)(2)(D)(i), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “live plants provided for in subpart A of part 6 of schedule 1 of the TSUS;”.
Subsec. (f)(5)(B). Pub. L. 100–418, § 1214(q)(2)(D)(ii), substituted “headings 0701 through 0709 (except subheading 0709.52.00) and heading 0714 of the HTS” for “items 135.10 through 138.46 of the TSUS”.
Subsec. (f)(5)(C). Pub. L. 100–418, § 1214(q)(2)(D)(iv), as amended by Pub. L. 100–647, § 9001(a)(14), redesignated subpar. (D) as (C) and substituted “subheadings 0804.20 through 0810.90 (except citrons of subheading 0805.90.00, tamarinds and kiwi fruit of subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops and sweetsops of subheading 0810.90.40) of the HTS; and” for “items 146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03 through 147.33, 147.50 through 149.21 and 149.50 of the TSUS;”.
Pub. L. 100–418, § 1214(q)(2)(D)(iii), struck out subpar. (C) “fresh mushrooms provided for in item 144.10 of the TSUS;”.
Subsec. (f)(5)(D). Pub. L. 100–418, § 1214(q)(2)(D)(vi), as amended by Pub. L. 100–647, § 9001(a)(14)(C), redesignated subpar. (F) as (D) and substituted “subheading 2009.11.00, 2009.19.40, 2009.30.20, and 2009.30.60 of the HTS” for “item 165.35 of the TSUS”. Former subpar. (D) redesignated (C).
Subsec. (f)(5)(E). Pub. L. 100–418, § 1214(q)(2)(D)(v), struck out subpar. (E) “fresh cut flowers provided for in items 192.17, 192.18, and 192.21 of the TSUS; and”.
Subsec. (f)(5)(F). Pub. L. 100–418, § 1214(q)(2)(D)(vi), as amended by Pub. L. 100–647, § 9001(a)(14)(C), redesignated subpar. (F) as (D).
1986—Subsec. (a)(1). Pub. L. 99–514, § 423(f)(2), inserted “and subject to section 423 of the Tax Reform Act of 1986,” after “eligibility by this chapter,”.
Subsec. (a)(3), (4). Pub. L. 99–514, § 1890(1), redesignated par. (3) relating to products of a beneficiary country imported directly into Puerto Rico as (4), realigned the margins, and substituted “any beneficiary” for “such”.
Subsec. (f)(5)(B). Pub. L. 99–514, § 1890(2), substituted “138.46” for “138.42”.
1984—Subsec. (a)(3). Pub. L. 98–573 added par. (3) relating to products of a beneficiary country imported directly from such country into Puerto Rico.
Amendment by Pub. L. 116–260 effective
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by section 15408 of Pub. L. 110–246 effective
Pub. L. 109–432, div. D, title V, § 5006,
Amendment by Pub. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (
Except as otherwise provided, amendment by section 1558 of Pub. L. 108–429 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after
Pub. L. 107–210, div. C, title XXXI, § 3107(b),
Pub. L. 107–206, title III, § 3001(c), “Subsection (b) [enacting provisions set out as a note under section 3203 of this title] and the amendments made by subsection (a) [amending this section] shall take effect—“(1) 90 days after the date of the enactment of this Act [“(2) whichever occurs first.”
Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (
Pub. L. 101–382, title II, § 215(b), “(1) The amendment made by subsection (a) [amending this section] shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after “(2) 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 appropriate customs officer after “(A) which was made after “(B) with respect to which there would have been no duty, or a lesser duty, if the amendment made by subsection (a) applied,shall be liquidated as though such amendment applied to such entry or withdrawal.”
Amendment by Pub. L. 100–647 applicable as if such amendment took effect on
Amendment by section 1214(q)(2) of Pub. L. 100–418 effective
Amendment by section 1401(b)(2) of Pub. L. 100–418 effective
Pub. L. 99–514, title IV, § 423(g), “(1) The provisions of, and the amendments made by, this section (other than subsection (e)) [amending this section and General Headnote 3(a)(i) of the Tariff Schedules of the United States formerly set out under section 1202 of this title and enacting provisions set out as a note below] shall apply to articles entered—“(A) after “(B) before the expiration of the effective period of item 901.50 of the Appendix to the Tariff Schedules of the United States [now heading 9901.00.50 of the Harmonized Tariff Schedule of the United States; effective period expired “(2) The provisions of subsection (e) [set out as a note below] shall take effect on the date of the enactment of this Act [
Amendment by Pub. L. 98–573 effective on 15th day after
For termination, effective
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related 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
Pub. L. 108–429, title II, § 2004(g), “(1) Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Customs Service [Bureau of Customs and Border Protection] shall liquidate or reliquidate as free of duty and free of any quantitative restrictions, limitations, or consultation levels entries of articles described in paragraph (4) made on or after “(2) Liquidation or reliquidation may be made under paragraph (1) with respect to an entry described in paragraph (4) only if a request therefor is filed with the Customs Service within 90 days after the date of the enactment of this Act [“(3) Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under paragraph (1) shall be paid not later than 180 days after the date of such liquidation or reliquidation.“(4) The entries referred to in paragraph (1) are entries of apparel articles (other than socks provided for in heading 6115 of the Harmonized Tariff Schedule of the United States [see Publication of Harmonized Tariff Schedule note set out under section 1202 of this title]) that meet the requirements of section 213(b)(2)(A) of the Caribbean Basin Economic Recovery Act [19 U.S.C. 2703(b)(2)(A)] (as amended by section 3107(a) of the Trade Act of 2002 [Pub. L. 107–210] and subsection (b) of this section).”
Pub. L. 108–429, title V, § 5001,
Pub. L. 99–514, title IV, § 423(a)–(c), (e), “(a) Except as provided in subsection (b), no ethyl alcohol or a mixture thereof may be considered—“(1) for purposes of general headnote 3(a) of the Tariff Schedules of the United States [formerly set out under section 1202 of this title], to be—“(A) the growth or product of an insular possession of the United States,“(B) manufactured or produced in an insular possession from materials which are the growth, product, or manufacture of any such possession, or“(C) otherwise eligible for exemption from duty under such headnote as the growth or product of an insular possession; or“(2) for purposes of section 213 of the Caribbean Basin Economic Recovery Act [19 U.S.C. 2703], to be—“(A) an article that is wholly the growth, product, or manufacture of a beneficiary country,“(B) a new or different article of commerce which has been grown, produced, or manufactured in a beneficiary country,“(C) a material produced in a beneficiary country, or“(D) otherwise eligible for duty-free treatment under such Act [19 U.S.C. 2701 et seq.] as the growth, product, or manufacture of a beneficiary country;unless the ethyl alcohol or mixture thereof is an indigenous product of that insular possession or beneficiary country.“(b) “(1) Subject to the limitation in paragraph (2), subsection (a) shall not apply to ethyl alcohol that is imported into the United States during calendar years 1987, 1988, and 1989 and produced in—“(A) an azeotropic distillation facility located in a beneficiary country, if that facility was established before, and in operation on, “(B) an azeotropic distillation facility—“(i) at least 50 percent of the total value of the equipment and components of which were— “(I) produced in the United States, and “(II) owned by a corporation at least 50 percent of the total value of the outstanding shares of stock of which were owned by a United States person (or persons) on or before “(ii) substantially all of the equipment and components of which were, on or before “(I) located in the United States under the possession or control of such corporation, “(II) ready for shipment to, and installation in, a beneficiary country or an insular possession of the United States, and“(iii) which— “(I) has on the date of enactment of this Act [ “(II) will have at the time such facility is placed in service (based on estimates made before the date of enactment of this Act), a stated capacity to produce not more than 42,000,000 gallons of such product per year, or“(C) a distillation facility operated by a corporation which, before the date of enactment of the Omnibus Trade Act of 1987 [probably means the Omnibus Trade and Competitiveness Act of 1988, Pub. L. 100–418, which was approved “(i) has completed engineering and design of a full-scale fermentation facility in the United States Virgin Islands, and“(ii) has obtained authorization from authorities of the United States Virgin Islands to operate a full-scale fermentation facility.“(2) The exception provided under paragraph (1) shall cease to apply during each of calendar years 1987, 1988, and 1989 to ethyl alcohol produced in a facility described in subparagraph (A), (B), or (C) of paragraph (1) after 20,000,000 gallons of ethyl alcohol produced in that facility are entered into the United States during that year.“(c) For purposes of this section [amending this section and General Headnote 3(a)(i) of the Tariff Schedules of the United States formerly set out under section 1202 of this title and enacting provisions set out as notes under this section]—“(1) The term ‘ethyl alcohol or a mixture thereof’ means (except for purposes of subsection (e)) ethyl alcohol or any mixture thereof described in item 901.50 of the Appendix to the Tariff Schedules of the United States [now heading 9901.00.50 of the Harmonized Tariff Schedule of the United States, which is not classified to the Code].“(2) Ethyl alcohol or a mixture thereof that is produced by a process of full fermentation in an insular possession or beneficiary country shall be treated as being an indigenous product of that possession or country.“(3)(A) Ethyl alcohol and mixtures thereof that are only dehydrated within an insular possession or beneficiary country (hereinafter in this paragraph referred to as ‘dehydrated alcohol and mixtures’) shall be treated as being indigenous products of that possession or country only if the alcohol or mixture, when entered, meets the applicable local feedstock requirement.“(B) The local feedstock requirement with respect to any calendar year is—“(i) 0 percent with respect to the base quantity of dehydrated alcohol and mixtures that is entered;“(ii) 30 percent with respect to the 35,000,000 gallons of dehydrated alcohol and mixtures next entered after the base quantity; and“(iii) 50 percent with respect to all dehydrated alcohol and mixtures entered after the amount specified in clause (ii) is entered.“(C) For purposes of this paragraph:“(i) The term ‘base quantity’ means, with respect to dehydrated alcohol and mixtures entered during any calendar year, the greater of—“(I) 60,000,000 gallons; or“(II) an amount (expressed in gallons) equal to 7 percent of the United States domestic market for ethyl alcohol, as determined by the United States International Trade Commission, during the 12-month period ending on the preceding September 30; that is first entered during that calendar year.“(ii) The term ‘local feedstock’ means hydrous ethyl alcohol which is wholly produced or manufactured in any insular possession or beneficiary country.“(iii) The term ‘local feedstock requirement’ means the minimum percent, by volume, of local feedstock that must be included in dehydrated alcohol and mixtures.“(4) The term ‘beneficiary country’ has the meaning given to such term under section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702).“(5) The term ‘United States person’ has the meaning given to such term by section 7701(a)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 7701(a)(3)].“(6) The term ‘entered’ means entered, or withdrawn from warehouse, for consumption in the customs territory of the United States.“(e) “(1) For purposes of subsections (b) and (j)(2) of section 313 of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 1888(2) of this Act, any ethyl alcohol (provided for in item 427.88 of the Tariff Schedules of the United States [not classified to the Code]) or mixture containing such ethyl alcohol (provided for in part 1, 2, or 10 of schedule 4 of such Schedules) which is subject to the additional duty imposed by item 901.50 of the Appendix to such Schedules may be treated as being fungible with, or of being of the same kind and quality as, any other imported ethyl alcohol (provided for in item 427.88 of such Schedules) or mixture containing such ethyl alcohol (provided for in part 1, 2, or 10 of schedule 4 of such Schedules) only if such other imported ethyl alcohol or mixture thereof is also subject to such additional duty.“(2) Paragraph (1) shall not apply with respect to ethyl alcohol (provided for in item 427.88 of the Tariff Schedules of the United States) or mixture containing such ethly [ethyl] alcohol (provided for in part 1, 2, or 10 of schedule 4 of such Schedules) that is exempt from the additional duty imposed by item 901.50 of the Appendix to such Schedules by reason of—“(A) subsection (b), or“(B) any agreement entered into under section 102(b) of the Trade Act of 1974 [19 U.S.C. 2112(b)].”
[Pub. L. 101–221, § 7(b),
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after
Pub. L. 98–67, title II, § 214(c),
Proc. No. 7351,
Ex. Ord. No. 13191,
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the African Growth and Opportunity Act (Title I of Public Law 106–200) [19 U.S.C. 3701 et seq.] (AGOA), the United States-Caribbean Basin Trade Partnership Act (Title II of Public Law 106–200) [see Short Title of 2000 Amendment note set out under section 2701 of this title] (CBTPA), the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), and section 301 of title 3, United States Code, and in order to expand international trade and enhance our economic partnership with sub-Saharan Africa and the Caribbean Basin, promote investment and economic development and reduce poverty in those regions, and create new economic opportunities for American workers and businesses, it is hereby ordered as follows: