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) of this section—
(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) ofsection
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
The President shall monitor, review, and report to Congress annually on the progress of each country listed in section 107 of the African Growth and Opportunity Act in meeting the requirements described in paragraph (1) in order to determine the current or potential eligibility of each country to be designated as a beneficiary sub-Saharan African country for purposes of this section. The President’s determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the annual report required by section 106 of the African Growth and Opportunity Act [19 U.S.C. 3705].
(3) Continuing compliance
If the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall terminate the designation of that country as a beneficiary sub-Saharan African country for purposes of this section, effective on January 1 of the year following the year in which such determination is made.
(b) Preferential tariff treatment for certain articles
(1) In general
The President may provide duty-free treatment for any article described in section
2463(b)(1)(B) through (G) of this title that is the growth, product, or manufacture of a beneficiary sub-Saharan African country described in subsection (a) of this section, if, after receiving the advice of the International Trade Commission in accordance with section
2463(e) of this title, the President determines that such article is not import-sensitive in the context of imports from beneficiary sub-Saharan African countries.
(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; and
(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.
(c) 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.
The African Growth and Opportunity Act, referred to in subsec. (c)(2), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, as amended, which is classified principally to chapter 23 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
3701 of this title and Tables.
2004—Subsec. (b)(2)(B). Pub. L. 108–274, § 7(a)(2)(A), inserted “or former beneficiary sub-Saharan African countries” after “countries”.
Subsec. (c). Pub. L. 108–274, § 7(a)(2)(B), substituted “subchapter—” for “subchapter,”, inserted par. (1) designation before “the terms”, and added par. (2).
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