19 U.S.C. § 2703: Eligible articles

that article is imported directly from a beneficiary country into the customs territory of the United States; and the sum of (i) the cost or value of the materials produced in a beneficiary country or two or more beneficiary countries, plus (ii) the direct costs of processing operations performed in a beneficiary country or countries is not less than 35 per centum of the appraised value of such article at the time it is entered. simple combining or packaging operations, or mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. all actual labor costs involved in the growth, production, manufacture, or assembly of the specific merchandise, including fringe benefits, on-the-job training and the cost of engineering, supervisory, quality control, and similar personnel; and dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the specific merchandise. Notwithstanding section 1311 of this title , the products of a beneficiary country which are imported directly from any beneficiary country into Puerto Rico may be entered under bond for processing or use in manufacturing in Puerto Rico. No duty shall be imposed on the withdrawal from warehouse of the product of such processing or manufacturing if, at the time of such withdrawal, such product meets the requirements of paragraph (1)(B). the article is imported directly from the beneficiary country into the customs territory of the United States, the article was by any means advanced in value or improved in condition in a beneficiary country, and if any materials are added to the article in a beneficiary country, such materials are a product of a beneficiary country or the United States. such rum is the growth, product, or manufacture of a beneficiary country or of the Virgin Islands of the United States; such rum is imported directly from a beneficiary country or the Virgin Islands of the United States into the territory of Canada, and such liqueurs and spirituous beverages are imported directly from the territory of Canada into the customs territory of the United States; when imported into the customs territory of the United States, such liqueurs and spirituous beverages are classified in subheading 2208.90 or 2208.40 of the HTS; and such rum accounts for at least 90 percent by volume of the alcoholic content of such liqueurs and spirituous beverages. textile and apparel articles which were not eligible articles for purposes of this chapter on January 1, 1994 , as this chapter was in effect on that date; footwear provided for in any of subheadings 6401.10.00, 6401.91.00, 6401.92.90, 6401.99.30, 6401.99.60, 6401.99.90, 6402.30.50, 6402.30.70, 6402.30.80, 6402.91.50, 6402.91.80, 6402.91.90, 6402.99.20, 6402.99.80, 6402.99.90, 6403.59.60, 6403.91.30, 6403.99.60, 6403.99.90, 6404.11.90, and 6404.19.20 of the HTS that was not designated at the time of the effective date of this chapter [ Aug. 5, 1983 ] as eligible articles for the purpose of the generalized system of preferences under title V of the Trade Act of 1974 [ 19 U.S.C. 2461 et seq.]; tuna, prepared or preserved in any manner, in airtight containers; petroleum, or any product derived from petroleum, provided for in headings 2709 and 2710 of the HTS; 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 articles to which reduced rates of duty apply under subsection (h). entered under subheading 9802.00.80 of the HTS; or entered under chapter 61 or 62 of the HTS, if, after such assembly, the articles would have qualified for entry under subheading 9802.00.80 of the HTS but for the fact that the articles were embroidered or subjected to stone-washing, enzyme-washing, acid washing, perma-pressing, oven-baking, bleaching, garment-dyeing, screen printing, or other similar processes. Apparel articles sewn or otherwise assembled in one or more CBTPA beneficiary countries with thread formed in the United States from fabrics wholly formed in the United States and cut in one or more CBTPA beneficiary 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 HTS and are wholly formed in the United States). Apparel articles entered on or after September 1, 2002 , 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 entered on or after September 1, 2002 , 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. Apparel articles knit to shape (other than socks provided for in heading 6115 of the HTS) in a CBTPA beneficiary country from yarns wholly formed in the United States, and knit apparel articles (other than t-shirts described in subclause (III)) cut and wholly assembled in one or more CBTPA beneficiary countries from fabric formed in one or more CBTPA beneficiary countries or 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 formed in one or more CBTPA beneficiary countries), in an amount not exceeding the amount set forth in subclause (II). 500,000,000 square meter equivalents during the 1-year period beginning on October 1, 2002 . 850,000,000 square meter equivalents during the 1-year period beginning on October 1, 2003 . 970,000,000 square meter equivalents in each succeeding 1-year period through September 30, 2030 . T-shirts, other than underwear, classifiable under subheadings 6109.10.00 and 6109.90.10 of the HTS, made in one or more CBTPA beneficiary countries from fabric formed in one or more CBTPA beneficiary countries from yarns wholly formed in the United States, in an amount not exceeding the amount set forth in subclause (IV). 4,872,000 dozen during the 1-year period beginning on October 1, 2001 . 9,000,000 dozen during the 1-year period beginning on October 1, 2002 . 10,000,000 dozen during the 1-year period beginning on October 1, 2003 . 12,000,000 dozen in each succeeding 1-year period through September 30, 2030 . It is the sense of the Congress that the Congress should determine, based on the record of expansion of exports from the United States as a result of the preferential treatment of articles under this clause, the percentage by which the amount provided in subclauses (II) and (IV) should be compounded for the 1-year periods occurring after the 1-year period ending on September 30, 2004 . Subject to subclause (II), any apparel article classifiable under subheading 6212.10 of the HTS, except for articles entered under clause (i), (ii), (iii), (v), or (vi), if the article is both cut and sewn or otherwise assembled in the United States, or one or more CBTPA beneficiary countries, or both. During the 1-year period beginning on October 1, 2001 , and during each of the 28 succeeding 1-year periods, apparel articles described in subclause (I) of a producer or an entity controlling production shall be eligible for preferential treatment under subparagraph (B) 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 this clause 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 this clause during the preceding 1-year period. 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 fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the production of such articles of that producer or entity entered during the preceding 1-year 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 this clause during the preceding 1-year period. Apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more CBTPA beneficiary countries, to the extent that apparel articles of such fabrics or yarn would be eligible for preferential treatment, without regard to the source of the fabrics or yarn, under Annex 4–B of the USMCA. the President determines that such fabrics or yarn cannot be supplied by the domestic industry in commercial quantities in a timely manner; the President has obtained advice regarding the proposed action from the appropriate advisory committee established under section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 ) and the United States International Trade Commission; within 60 days after the request, the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth the action proposed to be proclaimed and the reasons for such actions, and the advice obtained under division (bb); a period of 60 calendar days, beginning with the first day on which the President has met the requirements of division (cc), has expired; and the President has consulted with such committees regarding the proposed action during the period referred to in division (cc). If the President determines that any fabric or yarn was determined to be eligible for preferential treatment under subclause (I) on the basis of fraud, the President is authorized to remove that designation from that fabric or yarn with respect to articles entered after such removal. A handloomed, handmade, or folklore article of a CBTPA beneficiary country identified under subparagraph (C) that is certified as such by the competent authority of such beneficiary country. An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the article contains findings or trimmings of foreign origin, if such findings and trimmings do not exceed 25 percent of the cost of the components of the assembled product. Examples of findings and trimmings are 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 1 inch in width and are used in the production of brassieres. In the case of an article described in clause (ii) of this subparagraph, sewing thread shall not be treated as findings or trimmings under this subclause. An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the article contains certain interlinings 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 assembled article. Interlinings eligible for the treatment described in division (aa) include only a chest type plate, “hymo” piece, or “sleeve header”, of woven or weft-inserted warp knit construction and of coarse animal hair or man-made filaments. The treatment described in this subclause shall terminate if the President makes a determination that United States manufacturers are producing such interlinings in the United States in commercial quantities. An article that would otherwise be ineligible for preferential treatment under this paragraph because the article contains fibers or yarns not wholly formed in the United States or in one or more CBTPA beneficiary countries shall not be ineligible for such treatment if the total weight of all such fibers or yarns is not more than 7 percent of the total weight of the good. Notwithstanding the preceding sentence, an apparel article containing elastomeric yarns shall be eligible for preferential treatment under this paragraph only if such yarns are wholly formed in the United States. a country that is a party to an agreement with the United States establishing a free trade area, which entered into force before January 1, 1995 ; or a USMCA country (as defined in section 4502 of this title ). An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the thread used to assemble the article is dyed, printed, or finished in one or more CBTPA beneficiary countries. assembled in a CBTPA beneficiary country from fabric wholly formed and cut in the United States, from yarns wholly formed in the United States, that is entered under subheading 9802.00.80 of the HTS; or assembled from fabric cut in a CBTPA beneficiary country from fabric wholly formed in the United States from yarns wholly formed in the United States. Apparel articles sewn or otherwise assembled in one or more CBTPA beneficiary countries with thread formed in the United States from components cut in the United States and in one or more CBTPA beneficiary 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 CBTPA beneficiary 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 HTS). Apparel articles shall qualify under this clause only if they meet the requirements of clause (i) or (ii) (as the case may be) with respect to dyeing, printing, and finishing of knit and woven fabrics from which the articles are assembled. Except as provided in subparagraph (E), during the transition period, the articles to which this subparagraph applies shall enter the United States free of duty and free of any quantitative restrictions, limitations, or consultation levels. For purposes of subparagraph (A)(vi), the President shall consult with representatives of the CBTPA beneficiary countries concerned for the purpose of identifying particular textile and apparel goods that are mutually agreed upon as being handloomed, handmade, or folklore goods of a kind described in article 6.2 of the USMCA. If the President determines, based on sufficient evidence, that an exporter has engaged in transshipment with respect to textile or apparel articles from a CBTPA beneficiary country, then the President shall deny all benefits under this chapter to such exporter, and any successor of such exporter, for a period of 2 years. Whenever the President finds, based on sufficient evidence, that transshipment has occurred, the President shall request that the CBTPA beneficiary country or countries through whose territory the transshipment has occurred take all necessary and appropriate actions to prevent such transshipment. If the President determines that a country is not taking such actions, the President shall reduce the quantities of textile and apparel articles that may be imported into the United States from such country by the quantity of the transshipped articles multiplied by 3, to the extent consistent with the obligations of the United States under the WTO. Transshipment within the meaning of this subparagraph has occurred when preferential treatment under subparagraph (B) has been claimed for a textile or apparel article on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of this clause, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under subparagraph (B). The President may take bilateral emergency tariff actions of a kind described in section 4 of the Annex with respect to any apparel article imported from a CBTPA beneficiary country if the application of tariff treatment under subparagraph (B) to such article results in conditions that would be cause for the taking of such actions under such section 4 with respect to a like article described in the same 8-digit subheading of the HTS that is imported from Mexico. the requirements of paragraph (5) of section 4 of the Annex (relating to providing compensation) shall not apply; the term “transition period” in section 4 of the Annex shall have the meaning given that term in paragraph (5)(D) of this subsection; and the requirements to consult specified in section 4 of the Annex shall be treated as satisfied if the President requests consultations with the CBTPA beneficiary country in question and the country does not agree to consult within the time period specified under section 4. Subject to clauses (ii) and (iii), the tariff treatment accorded at any time during the transition period to any article referred to in any of subparagraphs (B) through (F) of paragraph (1) that is a CBTPA originating good shall be identical to the tariff treatment that is accorded at such time under Annex 2–B of the USMCA to an article described in the same 8-digit subheading of the HTS that is a good of Mexico and is imported into the United States. Clause (i) does not apply to any article accorded duty-free treatment under U.S. Note 2(b) to subchapter II of chapter 98 of the HTS. the article of footwear is the growth, product, or manufacture of a CBTPA beneficiary country; and the article otherwise meets the requirements of subsection (a), except that in applying such subsection, “CBTPA beneficiary country” shall be substituted for “beneficiary country” each place it appears. If at any time during the transition period the rate of duty that would (but for action taken under subparagraph (A)(i) in regard to such period) apply with respect to any article under subsection (h) is a rate of duty that is lower than the rate of duty resulting from such action, then such lower rate of duty shall be applied for the purposes of implementing such action. Any importer that claims preferential treatment under paragraph (2) or (3) shall comply with customs procedures similar in all material respects to the requirements of article 5.4.1 of the USMCA as implemented pursuant to United States law, in accordance with regulations promulgated by the Secretary of the Treasury. has implemented and follows; or is making substantial progress toward implementing and following, from which the article is exported; or in which materials used in the production of the article originate or in which the article or such materials undergo production that contributes to a claim that the article is eligible for preferential treatment under paragraph (2) or (3). The Certificate of Origin that otherwise would be required pursuant to the provisions of subparagraph (A) shall not be required in the case of an article imported under paragraph (2) or (3) if such Certificate of Origin would not be required under article 5.5 of the USMCA (as implemented pursuant to United States law), if the article were imported from Mexico. has cooperated fully with the United States, consistent with its domestic laws and procedures, in instances of circumvention or alleged circumvention of existing quotas on imports of textile and apparel goods, to establish necessary relevant facts in the places of import, export, and, where applicable, transshipment, including investigation of circumvention practices, exchanges of documents, correspondence, reports, and other relevant information, to the extent such information is available; has taken appropriate measures, consistent with its domestic laws and procedures, against exporters and importers involved in instances of false declaration concerning fiber content, quantities, description, classification, or origin of textile and apparel goods; and has penalized the individuals and entities involved in any such circumvention, consistent with its domestic laws and procedures, and has worked closely to seek the cooperation of any third country to prevent such circumvention from taking place in that third country. The term “the Annex” means Annex 300–B of the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992 . undertake its obligations under the WTO, including those agreements listed in section 3511(d) of this title , on or ahead of schedule; and participate in negotiations toward the completion of the FTAA or another free trade agreement. The extent to which the country provides protection of intellectual property rights consistent with or greater than the protection afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 3511(d)(15) of this title . the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; Whether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974 [ 19 U.S.C. 2467(6) ]. The extent to which the country has met the counter-narcotics certification criteria set forth in section 2291j of title 22 for eligibility for United States assistance. The extent to which the country has taken steps to become a party to and implements the Inter-American Convention Against Corruption. applies transparent, nondiscriminatory, and competitive procedures in government procurement equivalent to those contained in the Agreement on Government Procurement described in section 3511(d)(17) of this title ; and contributes to efforts in international fora to develop and implement international rules in transparency in government procurement. The term “CBTPA originating good” means a good that meets the rules of origin for a good set forth in chapter 4 of the USMCA as implemented pursuant to United States law. no country other than the United States and a CBTPA beneficiary country may be treated as being a party to the USMCA; any reference to trade between the United States and Mexico shall be deemed to refer to trade between the United States and a CBTPA beneficiary country; any reference to a party shall be deemed to refer to a CBTPA beneficiary country or the United States; and any reference to parties shall be deemed to refer to any combination of CBTPA beneficiary countries or to the United States and one or more CBTPA beneficiary countries (or any combination thereof). September 30, 2030 ; or the date on which the FTAA or another free trade agreement that makes substantial progress in achieving the negotiating objectives set forth in section 108(b)(5) of Public Law 103–182 ( 19 U.S.C. 3317(b)(5) ) 1 enters into force with respect to the United States and the CBTPA beneficiary country. 1 See References in Text note below. The term “CBTPA” means the United States-Caribbean Basin Trade Partnership Act. The term “FTAA” means the Free Trade Area of the Americas. The term “former CBTPA beneficiary country” means a country that ceases to be designated as a CBTPA beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States. a “CBTPA beneficiary country” shall be considered to include any former CBTPA beneficiary country, and “CBTPA beneficiary countries” shall be considered to include former CBTPA beneficiary countries, An article that is eligible for preferential treatment under clause (i) shall not be ineligible for such treatment because the article is imported directly from a former CBTPA beneficiary country. it is an article that is a good of the Dominican Republic under either such section 1304 or 3592 of this title; and the article, or a good used in the production of the article, undergoes production in Haiti. sugars, sirups, and molasses provided for in 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, and articles of beef or veal, however provided for in chapters 2 and 16 of the Harmonized Tariff Schedule of the United States. the current levels of food production and nutritional health of the population; current level of production and export of sugar and beef products; expected increases in production and export of sugar and beef products as a result of the duty-free access to the United States market provided under this chapter; measures to be taken to ensure that the expanded production of those products because of such duty-free access will not occur at the expense of stable food production; and proposals for a system to monitor the impact of such duty-free access on stable food production and land use and land ownership patterns. the beneficiary country, within the ninety-day period beginning on the date of its designation as such a country under section 2702 of this title , does not submit a Plan to the President for evaluation; on the basis of his evaluation, the President determines that the Plan of a beneficiary country does not meet the criteria set forth in paragraph (1)(B); or as a result of the monitoring of the operation of the Plan under paragraph (5), the President determines that a beneficiary country is not making a good faith effort to implement its Plan, or that the measures and proposals in the Plan, although being implemented, are not achieving their purposes. Before the President suspends duty-free treatment by reason of paragraph (2)(A), (B), or (C) to the sugar and beef products of a beneficiary country, he must offer to enter into consultation with the beneficiary country for purposes of formulating appropriate remedial action which may be taken by that country to avoid such suspension. If the beneficiary country thereafter enters into consultation within a reasonable time and undertakes to formulate remedial action in good faith, the President shall withhold the suspension of duty-free treatment on the condition that the remedial action agreed upon be appropriately implemented by that country. specifies the extent to which each Plan, and remedial actions, if any, agreed upon under paragraph (4), have been implemented; and evaluates the results of such implementation. The President shall terminate any suspension of duty-free treatment imposed under this subsection if he determines that the beneficiary country has taken appropriate action to remedy the factors on which the suspension was based. No quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota quantity shall be eligible for duty-free treatment under this chapter. The President may by proclamation suspend the duty-free treatment provided by this chapter with respect to any eligible article and may proclaim a duty rate for such article if such action is provided under chapter 1 of title II of the Trade Act of 1974 [ 19 U.S.C. 2251 et seq.] or section 1862 of this title . In any report by the International Trade Commission to the President under section 202(f) of the Trade Act of 1974 [ 19 U.S.C. 2252(f) ] regarding any article for which duty-free treatment has been proclaimed by the President pursuant to this chapter, the Commission shall state whether and to what extent its findings and recommendations apply to such article when imported from beneficiary countries. For purposes of subsections 2 section 203 of the Trade Act of 1974 [ 2 So in original. 19 U.S.C. 2253(a) , (c)], the suspension of the duty-free treatment provided by this chapter shall be treated as an increase in duty. No proclamation which provides solely for a suspension referred to in paragraph (3) of this subsection with respect to any article shall be taken under section 203 of the Trade Act of 1974 [ 19 U.S.C. 2253 ] unless the United States International Trade Commission, in addition to making an affirmative determination with respect to such article under section 202(b) of the Trade Act of 1974 [ 19 U.S.C. 2252(b) ], determines in the course of its investigation under such section that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly competitive article results from the duty-free treatment provided by this chapter. Any action taken under section 203 of the Trade Act of 1974 [ 19 U.S.C. 2253 ] that is in effect when duty-free treatment pursuant to section 2701 1 of this title is proclaimed shall remain in effect until modified or terminated. If any article is subject to any such action at the time duty-free treatment is proclaimed pursuant to section 2701 of this title , the President may reduce or terminate the application of such action to the importation of such article from beneficiary countries prior to the otherwise scheduled date on which such reduction or termination would occur pursuant to the criteria and procedures of section 203 of the Trade Act of 1974 [ 19 U.S.C. 2253 ]. If a petition is filed with the International Trade Commission pursuant to the provisions of section 201 of the Trade Act of 1974 [ 19 U.S.C. 2251 ] regarding a perishable product and alleging injury from imports from beneficiary countries, then the petition may also be filed with the Secretary of Agriculture with a request that emergency relief be granted pursuant to paragraph (3) of this subsection with respect to such article. if the Secretary of Agriculture has reason to believe that a perishable product from a beneficiary country is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported product and that emergency action is warranted, he shall advise the President and recommend that the President take emergency action; or the Secretary of Agriculture shall publish a notice of his determination not to recommend the imposition of emergency action and so advise the petitioner. Within seven days after the President receives a recommendation from the Secretary of Agriculture to take emergency action pursuant to paragraph (2) of this subsection, he shall issue a proclamation withdrawing the duty-free treatment provided by this chapter or publish a notice of his determination not to take emergency action. upon the taking of action under section 203 of the Trade Act of 1974 [ 19 U.S.C. 2253 ], on the day a determination by the President not to take action 2 under section 203 of such Act [ 19 U.S.C. 2253 ] not to take action 2 becomes final, in the event of a report of the United States International Trade Commission containing a negative finding, on the day the Commission’s report is submitted to the President, or whenever the President determines that because of changed circumstances such relief is no longer warranted. live plants and fresh cut flowers provided for in chapter 6 of the HTS; fresh or chilled vegetables provided for in headings 0701 through 0709 (except subheading 0709.52.00) and heading 0714 of the HTS; fresh fruit provided for in 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 concentrated citrus fruit juice provided for in subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS. No proclamation issued pursuant to this chapter shall affect fees imposed pursuant to section 624 of title 7 . are the product of any beneficiary country; and were not designated on August 5, 1983 , as eligible articles for purposes of the generalized system of preferences under title V of the Trade Act of 1974 [ 19 U.S.C. 2461 et seq.]. result in a rate that is equal to 80 percent of the rate of duty that applies to the article on December 31, 1991 , except that, subject to the limitations in paragraph (3), the reduction may not exceed 2.5 percent ad valorem; and be implemented in 5 equal annual stages with the first one-fifth of the aggregate reduction in the rate of duty being applied to entries, or withdrawals from warehouse for consumption, of the article on or after January 1, 1992 . is less than 1.5 percent ad valorem, the aggregate of such proclaimed reduction and the reduction under this subsection may not exceed 3.5 percent ad valorem, or is 1.5 percent ad valorem or greater, the aggregate of such proclaimed reduction and the reduction under this subsection may not exceed the proclaimed reduction plus 1 percent ad valorem. 90 days after the date of the enactment of this Act [ Aug. 2, 2002 ], or September 1, 2002 , 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 October 1, 1990 . which was made after August 5, 1983 , and before October 1, 1990 , and with respect to which liquidation has not occurred before October 1, 1990 , and with respect to which there would have been no duty, or a lesser duty, if the amendment made by subsection (a) applied, after December 31, 1986 , and 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 Jan. 1, 2012 ]. The provisions of subsection (e) [set out as a note below] shall take effect on the date of the enactment of this Act [ Oct. 22, 1986 ].” 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 October 1, 2000 . 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 [ Dec. 3, 2004 ] and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. 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. 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).” the growth or product of an insular possession of the United States, manufactured or produced in an insular possession from materials which are the growth, product, or manufacture of any such possession, or otherwise eligible for exemption from duty under such headnote as the growth or product of an insular possession; or an article that is wholly the growth, product, or manufacture of a beneficiary country, a new or different article of commerce which has been grown, produced, or manufactured in a beneficiary country, a material produced in a beneficiary country, or 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; an azeotropic distillation facility located in a beneficiary country, if that facility was established before, and in operation on, July 1, 1987 , produced in the United States, and 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 January 1, 1986 , and located in the United States under the possession or control of such corporation, ready for shipment to, and installation in, a beneficiary country or an insular possession of the United States, and has on the date of enactment of this Act [ Oct. 22, 1986 ], or will have at the time such facility is placed in service (based on estimates made before the date of enactment of this Act), has completed engineering and design of a full-scale fermentation facility in the United States Virgin Islands, and has obtained authorization from authorities of the United States Virgin Islands to operate a full-scale fermentation facility. 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. 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]. 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. 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. 0 percent with respect to the base quantity of dehydrated alcohol and mixtures that is entered; 30 percent with respect to the 35,000,000 gallons of dehydrated alcohol and mixtures next entered after the base quantity; and 50 percent with respect to all dehydrated alcohol and mixtures entered after the amount specified in clause (ii) is entered. 60,000,000 gallons; or 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; The term ‘local feedstock’ means hydrous ethyl alcohol which is wholly produced or manufactured in any insular possession or beneficiary country. The term ‘local feedstock requirement’ means the minimum percent, by volume, of local feedstock that must be included in dehydrated alcohol and mixtures. 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 ). 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) ]. The term ‘entered’ means entered, or withdrawn from warehouse, for consumption in the customs territory of the United States. 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. subsection (b), or any agreement entered into under section 102(b) of the Trade Act of 1974 [ 19 U.S.C. 2112(b) ].”