19 USC 2466a - Designation of sub-Saharan African countries for certain benefits

U.S Code last checked for updates: Nov 22, 2024

§ 2466a.

Designation of sub-Saharan African countries for certain benefits

(a)

Authority to designate

(1)

In general

Notwithstanding any other provision of law, the President is authorized to designate a country listed in section 107 of the African Growth and Opportunity Act [19 U.S.C. 3706] as a beneficiary sub-Saharan African country eligible for the benefits described in subsection (b)—

(A)

if the President determines that the country meets the eligibility requirements set forth in section 104 of that Act [19 U.S.C. 3703], as such requirements are in effect on May 18, 2000; and

(B)

subject to the authority granted to the President under subsections (a), (d), and (e) of section 2462 of this title, if the country otherwise meets the eligibility criteria set forth in section 2462 of this title.

(2)

Monitoring and review of certain countries

(3)

Continuing compliance

(A)

In general

(B)

Notification

(b)

Preferential tariff treatment for certain articles

(1)

In general

(2)

Rules of origin

The duty-free treatment provided under paragraph (1) shall apply to any article described in that paragraph that meets the requirements of section 2463(a)(2) of this title, except that—

(A)

if the cost or value of materials produced in the customs territory of the United States is included with respect to that article, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (A) of section 2463(a)(2) of this title;

(B)

the cost or value of the materials included with respect to that article that are produced in one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries shall be applied in determining such percentage; and

(C)

the direct costs of processing operations performed in one or more such beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries shall be applied in determining such percentage.

(3)

Rules of origin under this subchapter

(c)

Withdrawal, suspension, or limitation of preferential tariff treatment

(1)

In general

(2)

Notification

(d)

Review and public comments on eligibility requirements

(1)

In general

(2)

Public hearing

The United States Trade Representative shall, not later than 30 days after the date on which the President publishes the notice of review and request for public comments under paragraph (1)—

(A)

hold a public hearing on such review and request for public comments; and

(B)

publish in the Federal Register, before such hearing is held, notice of—

(i)

the time and place of such hearing; and

(ii)

the time and place at which such public comments will be accepted.

(3)

Petition process

(A)

In general

(B)

Use of petitions

(4)

Out-of-cycle reviews

(A)

In general

(B)

Congressional notification

(C)

Consequences of review

(D)

Reports

(E)

Initiation of out-of-cycle reviews for certain countries

(e)

Beneficiary sub-Saharan African countries, etc.

For purposes of this subchapter—

(1)

the terms “beneficiary sub-Saharan African country” and “beneficiary sub-Saharan African countries” mean a country or countries listed in section 107 of the African Growth and Opportunity Act [19 U.S.C. 3706] that the President has determined is eligible under subsection (a) of this section.

(2)

the term “former beneficiary sub-Saharan African country” means a country that, after being designated as a beneficiary sub-Saharan African country under the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.], ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States.

(Pub. L. 93–618, title V, § 506A, as added Pub. L. 106–200, title I, § 111(a), May 18, 2000, 114 Stat. 257; amended Pub. L. 108–274, § 7(a)(2), July 13, 2004, 118 Stat. 823; Pub. L. 114–27, title I, §§ 104(a), (b), 105, June 29, 2015, 129 Stat. 365.)

cite as: 19 USC 2466a