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U.S. Harmonized Tariff Schedule

CHAPTER 98

special classification provisions

XXII

98-1

U.S. Notes

1. The provisions of this chapter are not subject to the rule of relative specificity in general rule of interpretation 3(a). Any article which is described in any provision in this chapter is classifiable in said provision if the conditions and requirements thereof and of any applicable regulations are met.
2. In the absence of a specific provision to the contrary, the tariff status of an article is not affected by the fact that it was previously imported into the customs territory of the United States and cleared through customs whether or not duty was paid upon such previous importation.
3. Any article exempted under subchapters IV through VII, inclusive, or subchapter IX from the payment of duty shall be exempt also from the payment of any internal-revenue tax imposed upon or by reason of importation.

Statistical Notes

1. Statistical data are not to be furnished with respect to articles classified in those headings of this chapter for which no statistical suffix is shown.
2. For articles provided for in this chapter, the rate of duty for which is derived from a provision elsewhere in the tariff schedule, the citation to be used in statistical reporting shall be the 10-digit statistical reporting number provided in this chapter followed by the reporting number of the provision from which such rate is derived. The unit of quantity reported hereunder for such articles shall be the same as the unit of quantity for the provision from which the rate was derived. For example, 10 new fully automatic arc welding machines exported for repairs or alterations pursuant to a warranty and returned to the United States the statistical reporting number shall be 9802.00.4040-8515.31.0000, with the quantity being shown as 10 and the value as dutiable value.

NOTICE TO EXPORTERS

The statistical reporting numbers contained in this chapter apply only to imports and may not be reported on Shipper's Export Declarations. See Notice to Exporters preceding chapter 1.

SUBCHAPTER I

articles exported and returned, not advanced or

improved in condition; animals exported and returned

XXII

98-I-1

U.S. Notes

1. The provisions in this subchapter (except subheadings 9801.00.70 and 9801.00.80) shall not apply to any article:
- (a) Exported with benefit of drawback;
- (b) Of a kind with respect to the importation of which an internal-revenue tax is imposed at the time such article is entered, unless such article was subject to an internal-revenue tax imposed upon production or importation at the time of its exportation from the United States and it shall be proved that such tax was paid before exportation and was not refunded; or
- (c) Manufactured or produced in the United States in a customs bonded warehouse or under heading 9813.00.05 and exported under any provision of law.
2. For the purposes of subheadings 9801.00.70 and 9801.00.80:
- (a) When because of the destruction of customs records or for other cause it is impracticable to establish whether drawback was allowed, or the amount allowed, on a returned article, there shall be assessed thereon an amount of duty equal to the estimated drawback and internal-revenue tax which would be allowable or refundable if the imported merchandise used in the manufacture or production of the returned article were dutiable or taxable at the rate applicable to such merchandise on the date of entry, but in no case more than the duty and tax that would apply if the article were wholly of foreign origin;
- (b) Tobacco products and cigarette papers and tubes classifiable under such subheading may be released from customs custody, without payment of that part of duty attributable to the internal-revenue tax, for return to internal-revenue bond as provided by section 5704(d) of the Internal Revenue Code of 1954; and
- (c) In order to facilitate the ascertainment and collection of the duty provided for, the Secretary of the Treasury is authorized to ascertain and specify the amounts of duty equal to drawback or internal-revenue tax which shall be applied to articles or classes or kinds of articles, and to exempt from the assessment of duty articles or classes or kinds of articles with respect to which the collection of such duty involves expense and inconvenience to the Government which is disproportionate to the probable amount of such duty.

SUBCHAPTER II

articles exported and returned, advanced or improved abroad

XXII

98-II-1

U.S. Notes

1. Except for goods subject to USMCA drawback this subchapter shall not apply to any article exported:
- (a) From continuous customs custody with remission, abatement or refund of duty;
- (b) With benefit of drawback;
- (c) To comply with any law of the United States or regulation of any Federal agency requiring exportation; or
- (d) After manufacture or production in the United States under heading 9813.00.05.
2.
- (a) Except as provided in paragraph (b), any product of the United States which is returned after having been advanced in value or improved in condition abroad by any process of manufacture or other means, or any imported article which has been assembled abroad in whole or in part of products of the United States, shall be treated for the purposes of this Act as a foreign article, and, if subject to a duty which is wholly or partly ad valorem, shall be dutiable, except as otherwise prescribed in this part, on its full value determined in accordance with section 402 of the Tariff Act of 1930, as amended. If such product or such article is dutiable at a rate dependent upon its value, the value for the purpose of determining the rate shall be its full value under the said section 402.
- (b) No article (except a textile article, apparel article, or petroleum, or any product derived from petroleum, provided for in heading 2709 or 2710) may be treated as a foreign article, or as subject to duty, if--
  - (i) the article is--
    - (A) assembled or processed in whole of fabricated components that are a product of the United States, or
    - (B) processed in whole of ingredients (other than water) that are a product of the United States, in a beneficiary country; and
  - (ii) neither the fabricated components, materials or ingredients, after exportation from the United States, nor the article itself, before importation into the United States, enters the commerce of any foreign country other than a beneficiary country.
  As used in this paragraph, the term "beneficiary country" means a country listed in general note 7(a).
3. Articles repaired, altered, processed or otherwise changed in condition abroad.--The following provisions apply only to subheadings 9802.00.40 through 9802.00.60, inclusive:
- (a) The value of repairs, alterations, processing or other change in condition outside the United States shall be:
  - (i) The cost to the importer of such change; or
  - (ii) If no charge is made, the value of such change,
  as set out in the invoice and entry papers; except that, if the appraiser concludes that the amount so set out does not represent a reasonable cost or value, then the value of the change shall be determined in accordance with section 402 of the Tariff Act of 1930, as amended.
- (b) No appraisement of the imported article in its changed condition shall be required unless necessary to a determination of the rate or rates of duty applicable to such article.
- (c) The duty, if any, upon the value of the change in condition shall be at the rate which would apply to the article itself, as an entirety without constructive separation of its components, in its condition as imported if it were not within the purview of this subchapter. If the article, as returned to the United States, is subject to a specific or compound rate of duty, such rate shall be converted to the ad valorem rate which when applied to the full value of such article determined in accordance with said section 402 would provide the same amount of duties as the specific or compound rate. In order to compute the duties due, the ad valorem rate so obtained shall be applied to the value of the change in condition made outside the United States.
- (d) For the purposes of subheading 9802.00.40 and 9802.00.50, the rates of duty in the "Special" column 1 followed by the symbol "S" in parentheses shall apply to any goods which are returned to the United States after having been repaired in Canada or Mexico, respectively, whether or not such goods are goods of Canada or Mexico under the terms of general note 11 to the tariff schedule.
- (e) For purposes of subheading 9802.00.60, the term "metal" covers (1) the base metals enumerated in note 3 to section XV; (2) arsenic, barium, boron, calcium, mercury, selenium, silicon, strontium, tellurium, thorium, uranium and the rare-earth elements; and (3) alloys of any of the foregoing.
- (f)
  - (i) For purposes of subheadings 9802.00.40 and 9802.00.50, fungible articles exported from the United States for the purposes described in such subheadings--
    - (A) may be commingled; and
    - (B) the origin, value, and classification of such articles may be accounted for using an inventory management method.
  - (ii) If a person chooses to use an inventory management method under this paragraph with respect to fungible articles, the person shall use the same inventory management method for any other articles with respect to which the person claims fungibility under this paragraph.
  - (iii) For the purpose of this paragraph--
    - (A) the term 'fungible articles' means merchandise or articles that, for commercial purposes, are identical or interchangeable in all situations; and
    - (B) the term 'inventory management method' means any method for managing inventory that is based on generally accepted accounting principles.
4. Articles assembled abroad with components produced in the United States.--The following provisions apply only to headings 9802.00.80 and 9802.00.91:
- (a) The value of the products of the United States assembled into the imported article shall be:
  - (i) The cost of such products at the time of the last purchase; or
  - (ii) If no charge is made, the value of such products at the time of the shipment for exportation,
  as set out in the invoice and entry papers; except that, if the appraiser concludes that the amount so set out does not represent a reasonable cost or value, then the value of such products shall be determined in accordance with section 402 of the Tariff Act of 1930, as amended.
- (b) The duty, if any, on the imported article shall be at the rate which would apply to the imported article itself, as an entirety without constructive separation of its components, in its condition as imported if it were not within the purview of this subchapter. If the imported article is subject to a specific or compound rate of duty, the total duties shall be reduced in such proportion as the cost or value of such products of the United States bears to the full value of the imported article.
5. No imported article shall be accorded partial exemption from duty under more than one provision in this subchapter.
6. Notwithstanding the partial exemption from ordinary customs duties on the value of the metal product exported from the United States provided under subheading 9802.00.60, articles imported under subheading 9802.00.60 are subject to all other duties, and any other restrictions or limitations, imposed pursuant to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or chapter 1 of title II or chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2251 et seq., 19 U.S.C. 2411 et seq.).
7.
- (a) For purposes of the special tariff treatment authorized by the African Growth and Opportunity Act (AGOA) (title I of Pub.L. No. 106-200) for certain goods of heading 9802.00.80 imported directly from those beneficiary sub-Saharan African countries previously designated by proclamation that are subsequently enumerated in a notice published in the Federal Register by the United States Trade Representative (USTR) as having been determined to have satisfied the requirements of the AGOA and therefore to be afforded such tariff treatment, the duty-free treatment indicated for such heading shall apply only to apparel articles sewn or otherwise assembled in one or more such beneficiary countries from fabrics wholly formed and cut, 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 chapter 56 and are wholly formed and cut in the United States). Articles otherwise eligible to enter under this heading, and which satisfy the conditions set forth in U.S. note 3 to subchapter XIX of this chapter, shall not be ineligible to enter under this heading. Such countries shall be enumerated in this note whenever the USTR issues a Federal Register notice as described herein. Articles covered by the provisions of this note shall be eligible to enter the customs territory of the United States free of quantitative limitations. The USTR has determined that the following countries have adopted an effective visa system and related procedures and have satisfied the customs requirements of the AGOA and, therefore, are to be afforded the tariff treatment provided for in this note:
  Benin, Botswana, Burkina Faso, Cape Verde, Chad, Cote d'Ivoire, Eswatini, Ghana, Kenya, Lesotho, Republic of Liberia, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, Zambia
- (b)
  - (i) For purposes of heading 9802.00.80, duty-free treatment shall be accorded to the following articles imported directly from a beneficiary United States-Caribbean Basin Trade Partnership Act (CBTPA) country previously designated by the President in a proclamation issued pursuant to such Act and enumerated in general note 17(a) to the tariff schedule--
    - (A) apparel articles sewn or otherwise assembled in one or more such beneficiary countries from fabrics wholly formed and cut, 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 chapter 56 and are wholly formed and cut in the United States) provided they otherwise comply with the provisions of this note; or
    - (B) textile luggage assembled in a designated beneficiary country from fabric wholly formed and cut in the United States, from yarns wholly formed in the United States.
    Articles otherwise eligible to enter under this heading, and which satisfy the conditions set forth in U.S. note 3 to subchapter XX of this chapter, shall not be ineligible to enter under this heading. Articles covered by the terms of this note shall be admitted into the customs territory of the United States free of quantitative limitations. 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. 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, Guyana, Haiti, Jamaica, Saint Lucia, Trinidad and Tobago
  - (ii) 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 subdivision, references to--
      - (1) a "CBTPA beneficiary country" shall be considered to include any former CBPTA beneficiary country, and
      - (2) "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 (ii)(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 (e)(ii)(A) and (e)(ii)(B), 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)
      - (1) The term "former CBTPA beneficiary country" means a country that ceases to be designated as a CBTPA beneficiary country under this note because the country has become a party to a free trade agreement with the United States.
      - (2) For the purposes of this subdivision, the following countries are former CBTPA beneficiary countries:
        
        El Salvador
        
        Guatemala
        
        Honduras
        
        Nicaragua
        
        Dominican Republic
        
        Costa Rica
        
        Panama
    - (E) Notwithstanding subdivision (ii)(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.

Statistical Notes

1. For articles admitted under statistical reporting number 9802.00.6000, 9802.00.8015, 9802.00.8016, 9802.00.8055 or 9802.00.8068 two values shall be reported--the first following the first statistical reporting number of the statistical citation (i.e., 9802.00.6000, 9802.00.8015, 9802.00.8016, 9802.00.8055 or 9802.00.8068) and the second following the statistical reporting number of the provision in chapters 1-97 from which the rate of duty is derived, as follows:
(a) For statistical reporting number 9802.00.6000:
- (i) The total value of the article less the value of the foreign processing; and
- (ii) The dutiable value, i.e., the value of the foreign processing, respectively.
(b) For statistical reporting number 9802.00.8015, 9802.00.8016, 9802.00.8055 or 9802.00.8068:
- (i) The value of the U.S. fabricated components; and
- (ii) The dutiable value, i.e., the total value of the articles less the value of the U.S. fabricated components, respectively.
2. For articles for which duty free treatment is claimed under U.S. note 2(b) or 7 to subchapter II of this chapter, the citation to be used in statistical reporting shall be the 10-digit statistical reporting number provided in this subchapter followed by the reporting number of the provision in chapters 1 through 97 which would ordinarily apply to the articles. The unit of quantity reported hereunder for such articles shall be the same as the unit of quantity for the provision from chapters 1 through 97.
For articles admitted under statistical reporting numbers 9802.00.5010, 9802.00.8040, 9802.00.8042, 9802.00.8044, 9802.00.8046 and 9802.00.8048 two values shall be reported--the first following the first statistical reporting number of the statistical citation (i.e., 9802.00.5010, 9802.00.8040, 9802.00.8042, 9802.00.8044, 9802.00.8046 or 9802.00.8048) and the second following the statistical reporting number of the provision in chapters 1-97 which would ordinarily apply:
- (a) For statistical reporting number 9802.00.5010:
  - (i) The total value of the article less the value of the foreign processing; and
  - (ii) The dutiable value, i.e., the value of the foreign processing, respectively.
- (b) For statistical reporting numbers 9802.00.8040, 9802.00.8042, 9802.00.8044, 9802.00.8046 and 9802.00.8048:
  - (i) The value of the U.S. fabricated components or materials; and
  - (ii) The dutiable value, i.e., the total value of the articles less the value of the U.S. fabricated components, respectively.
3. For articles admitted under statistical reporting number 9802.00.9000 the citation to be used in statistical reporting shall be 9802.00.9000 followed by the statistical reporting number of the provision in chapters 1-97 which would ordinarily apply to the articles. The unit of quantity reported hereunder for such articles shall be the same as the unit of quantity for the provision from chapters 1 to 97. In addition, two values shall be reported--the first following statistical reporting number 9802.00.9000 and the second following the statistical reporting number from chapters 1-97, as follows:
- (a) The value of the products of the United States assembled into the imported articles; and
- (b) The total value of the articles less the value of the products of the United States assembled into the imported articles, respectively.

SUBCHAPTER III

substantial containers or holders

XXII

98-III-1

U.S. Notes

1. This subchapter covers only the following:
- (a) Substantial containers or holders which are subject to tariff treatment as imported articles and are:
  - (i) Imported empty and not within the purview of a provision which specifically exempts them from duty; or
  - (ii) Imported containing or holding articles, and which are not of a kind normally sold therewith or are entered separately therefrom; and
- (b) Certain repair components, accessories and equipment.
2. This subchapter does not apply to any container or holder:
- (a) Exported with benefit of drawback and returned empty; or
- (b) Manufactured or produced in the United States in a customs bonded warehouse or under heading 9813.00.05 and exported under any provision of law.
3. In order to facilitate the prompt clearance at ports of entry of substantial containers and holders provided for in this subchapter, the Secretary of the Treasury is authorized:
- (a) To permit the admission thereof without entry if readily identifiable as meeting the conditions of free entry set forth in this subchapter; and
- (b) To permit any duties thereon to be paid cumulatively from time to time either before or after their importation when conditions exist which permit adequate customs controls to be maintained.
4. Instruments of international traffic, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc. are exempt from formal entry procedures but are required to be accounted for when imported and exported into and out of the United States, respectively, through the manifesting procedures required for all international carriers by the United States Customs Service. Fees associated with the importation of such instruments of international traffic shall be reported and paid on a periodic basis as required by regulations issued by the Secretary of the Treasury and in accordance with 1956 Customs Convention on Containers (20 UST 30; TIAS 6634).

SUBCHAPTER IV

personal exemptions extended to residents

and nonresidents

XXII

98-IV-1

U.S. Notes

1. If:
- (a) Any jewelry or similar articles of personal adornment having an aggregate value of $300 or more which have been exempted from duty under subheading 9804.00.20 is sold within 3 years after the date of importation; or
- (b) Any article which has been exempted from duty under subheading 9804.00.35 is sold within 1 year after the date of importation; or
- (c) Any automobile exempted from duty under subheading 9804.00.60 is used otherwise than for the purpose therein expressed or is not returned abroad within the time and manner prescribed by the Secretary of the Treasury,
without prior payment to the United States of the duty which would have been payable at the time of entry if the article had been entered without the benefit of any of these subheadings, such article, or its value (to be recovered from the importer), shall be subject to forfeiture. An article sold pursuant to a judicial order or in liquidation of the estate of a decedent shall not be subject to the provisions of this note.
2. In the case of persons arriving from a contiguous country which maintains a free zone or free port, if the Secretary of the Treasury deems it necessary in the public interest and to facilitate enforcement of the requirement that the exemption in subheading 9804.00.70 shall apply only to articles acquired as an incident of the foreign journey, he shall prescribe by regulation or instruction, the application of which may be restricted to one or more ports of entry, that such exemption shall be allowed only to residents who have remained beyond the territorial limits of the United States for not less than a specified period, not to exceed 24 hours, and, after the expiration of 90 days after the date of such regulation or instruction, allowance of the said exemption shall be subject to the limitations so prescribed.
3. A person arriving in the United States:
- (a) On duty as an employee of a vessel, vehicle or aircraft, engaged in international traffic, or
- (b) From a trip during which he was so employed,
shall not be entitled to the exemptions provided for in this subchapter (other than those in heading 9804.00.80), unless he is permanently leaving such employment without the intention of resuming it on the same or another carrier.
4. As used in subheading 9804.00.72, the term "beneficiary country" means a country listed in general notes 7(a) or 11(a).

SUBCHAPTER V

personal exemptions extended to

united states personnel and evacuees

XXII

98-V-1

SUBCHAPTER VI

personal exemptions extended to distinguished visitors and to

personnel of foreign governments or international organizations

XXII

98-VI-1

U.S. Notes

1. The term "baggage and effects," as used in this subchapter, includes all articles which were in the possession abroad, and are being imported in connection with the arrival, of a person and which are intended for his bona fide personal or household use, but does not include articles imported as an accommodation to others or for sale or other commercial use.
2. The privileges of heading 9806.00.35 are limited to such personal effects and equipment as are necessary for the occasion and temporary visit, and are to be exported no later than 30 days after the conclusion of the public demonstration.
3. The term "articles entered for the personal or family use," as used in this subchapter, does not include articles imported as an accommodation to others or for sale or other commercial use.
4. The privileges provided for in this subchapter for representatives, officers, employees and members of the armed forces, of foreign governments, their families, suites and servants, shall be accorded only if their government grants reciprocal privileges to United States personnel of comparable status.

SUBCHAPTER VII

other personal exemptions

XXII

98-VII-1

SUBCHAPTER VIII

importations of the united states government

XXII

98-VIII-1

U.S. Note

1. With respect to subheading 9808.00.80, goods brought into the customs territory of the United States by the National Aeronautics and Space Administration from space or from a foreign country as part of an international program of the National Aeronautics and Space Administration shall not be considered an importation, and an entry of such materials shall not be required.

Statistical Note

1. For any article classifiable under subheadings 9808.00.30, 9808.00.40, 9808.00.50, 9808.00.70 or 9808.00.80, the statistical reporting number shall consist of the 10-digit number provided therefor in this subchapter followed by the statistical reporting number for the provision which would have applied to such article if it were not classifiable in the subchapter, and the unit of quantity to be reported is the unit shown for such article in such other provision. For example, the statistical reporting number for 10 new military cargo transports, of an unladen weight not exceeding 2,000 kg, imported as emergency war materials shall be 9808.00.3000-8802.20.0020 and the quantity shall be reported as 10.

SUBCHAPTER IX

importations of foreign governments and international

organizations

XXII

98-IX-1

U.S. Note

1. The term "public international organization," as used in this subchapter, means an organization so designated by the President pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288).

SUBCHAPTER X

importations of religious, educational, scientific

and other institutions

XXII

98-X-1

U.S. Notes

1. Except as provided in subheading 9810.00.20 and headings 9810.00.70, 9810.00.85, 9810.00.90 and 9810.00.95, or as otherwise provided for in this U.S. note, the articles covered by this subchapter must be exclusively for the use of the institutions involved, and not for distribution, sale or other commercial use within 5 years after being entered. Articles admitted under any provision in this subchapter may be transferred from an institution specified with respect to such articles to another such institution, or may be exported or destroyed under customs supervision, without duty liability being incurred. However, if any such article (other than an article provided for in subheading 9810.00.20 or heading 9810.00.70) is transferred other than as provided by the preceding sentence, or is used for commercial purposes, within 5 years after being entered, the institution for which such article was entered shall promptly notify customs officers at the port of entry and shall be liable for the payment of duty on such article in an amount determined on the basis of its condition as imported and the rate applicable to it (determined without regard to this subchapter) when entered. If, with a view to a transfer (other than a transfer permitted by the second sentence) or the use for commercial purposes of an instrument or apparatus, a repair component admitted under subheading 9810.00.65 has been assembled into such instrument or apparatus, such component shall, for purposes of the preceding sentence, be treated as a separate article.
2. The term "regalia," as used in this subchapter, (subheadings 9810.00.15 and 9810.00.45) embraces only such insignia of rank or office, emblems or other articles as may be worn upon the person or borne in the hand during public exercises of the institution, and does not include articles of furniture or fixtures, nor regular wearing apparel, nor personal property of individuals.
3. Architectural, engineering, industrial or commercial drawings and plans, and reproductions thereof, are not covered by this subchapter unless they are intended solely for exhibition or for educational use under subheading 9810.00.30 (see chapter 49).
4. Painted, colored or stained glass windows, and parts thereof, not covered by subheading 9810.00.10 are provided for in chapter 70.
5. Subchapter XII of this chapter contains provisions under which certain institutions may import articles free of duty for permanent exhibition under bond.

(a) The term "instruments and apparatus" (subheading 9810.00.60) embraces only instruments and apparatus which are both provided for and dutiable in:

(i)	Chapter 39:	heading 3914;
(ii)	Chapter 69:	subheadings 6909.11 through 6909.90, and subheadings 6914.10 and 6914.90;
(iii)	Chapter 70:	subheadings 7017.10 through 7017.90, and heading 7020.00;
(iv)	Chapter 71:	subheadings 7114.11.70, 7114.19, 7114.20, 7115.10 and 7115.90;
(v)	Chapter 73:	subheadings 7325.10, 7325.91, 7325.99.10, 7325.99.50, 7326.19, 7326.20 and 7326.90;
(vi)	Chapter 74:	subheadings 7419.20, 7419.80.30 and 7419.80.50;
(vii)	Chapter 75:	subheadings 7508.10 and 7508.90.50 (except electroplating anodes);
(viii)	Chapter 76:	subheadings 7616.91 and 7616.99.50;
(ix)	Chapter 78:	heading 7806.00;
(x)	Chapter 79:	subheading 7907.00.60 (except zinc anodes);
(xi)	Chapter 80:	subheading 8007.00.50;
(xii)	Chapter 81:	articles other than wrought metals, in subheadings 8101.99, 8102.99, 8103.91, 8103.99, 8104.90, 8105.90, 8107.90, 8112.19, 8112.39, 8112.49, 8112.59, 8112,69.90, 8112.99.91 and 8113.00; [Compiler's note: proclamation had "8115.90"; probably should be "8105.90"]
(xiii)	Chapter 84:	subheadings 8402.11 and 8402.90, subheadings 8404.10 through 8424.90.90, subheadings 8435.10, 8435.90 and 8438.80, subheadings 8454.10 through 8468.90 (except 8468.10), subheadings 8470.10 through 8470.30, subheadings 8479.10 through 8479.90 (except 8479.20 and 8479.40) and subheadings 8483.10.10 through 8483.10.50;
(xiv)	Chapter 85:	subheadings 8501.10 through 8505.11, subheading 8505.20, subheadings 8505.90 through 8516.32, subheadings 8516.40 through 8522.90, subheadings 8525.50 through 8532.30, subheadings 8533.10 through 8542.90, subheadings 8543.20 through 8544.70 and subheadings 8547.90 and [heading] 8548;
(xv)	Chapter 88:	subheadings 8801.00 (except gliders and hang gliders) and 8802.60.90 and parts of the goods of subheadings 8801.00 (except gliders and hang gliders) and 8802.60.90 as provided for in heading 8807;
(xvi)	Chapter 89:	subheadings 8907.10 and 8907.90;
(xvii)	Chapter 90:	all provisions (except subheadings 9013.80 and 9023.00);
(xviii)	Chapter 91:	all provisions (except subheadings 9113.10 through 9113.90); and
(xix)	Chapter 96:	subheadings 9603.50, 9613.80.20, 9613.90.40 and 9617.00 (except subheading 9617.00.60);

but the term does not include materials or supplies, nor does it include ordinary equipment for use in building construction or maintenance or for use in supporting activities of the institution such as its administrative offices or its eating or religious facilities. The term "instruments and apparatus" under subheading 9810.00.60 includes separable components of an instrument or apparatus listed in this subdivision that are imported for assembly in the United States in such instrument or apparatus where the instrument or apparatus, due to its size, cannot be feasibly imported in its assembled state.

(b) An institution desiring to enter an article under subheading 9810.00.60 shall make application therefor to the Secretary of the Treasury including therein (in addition to such other information as may be prescribed by regulation) a description of the article, the purposes for which the instrument or apparatus is intended to be used, the basis for the institution's belief that no instrument or apparatus of equivalent scientific value for such purposes is being manufactured in the United States, and a statement that either the institution has already placed a bona fide order for the instrument or apparatus or has a firm intention, in the event of favorable action on its application, to place such an order on or before the final day specified in paragraph (d) of this U.S. note for the placing of an order. If the application is made in accordance with the applicable regulations, the Secretary of the Treasury shall promptly forward copies thereof to the Secretary of Commerce and to the Secretary of Health and Human Services. If, at any time while its application is under consideration by the Secretary of Commerce or by the Court of Appeals for the Federal Circuit on appeal from a finding by him, an institution cancels an order for the instrument or apparatus to which its application relates or ceases to have a firm intention to order such instrument or apparatus, it shall promptly so notify the Secretary of Commerce or such Court, as the case may be.
(c) Upon receipt of the application, the Secretary of Commerce shall, by publication in the Federal Register, afford interested persons and other Government agencies reasonable opportunity to present their views with respect to the question whether an instrument or apparatus of equivalent scientific value for the purposes for which the article is intended to be used is being manufactured in the United States. After considering any views presented pursuant to this paragraph, including any written advice from the Secretary of Health and Human Services, the Secretary of Commerce shall determine whether an instrument or apparatus of equivalent scientific value to such article, for the purposes for which the instrument or apparatus is intended to be used, is being manufactured in the United States. Each finding by the Secretary of Commerce under this paragraph shall be promptly reported to the Secretary of the Treasury and to the applicant institution. Each such finding shall be published in the Federal Register, with a statement of the reasons therefor, on or before the ninetieth day following the date on which the application was made to the Secretary of the Treasury in accordance with applicable regulations.
(d)
- (i) If the Secretary of Commerce determines under this U.S. note that an instrument or apparatus is being manufactured in the United States that is of equivalent scientific value to a foreign-origin instrument or apparatus for which application is made (but which, due to its size, cannot be feasibly imported in its assembled state), the Secretary shall report the findings to the Secretary of the Treasury and to the applicant institution, and all components of such foreign-origin instrument or apparatus shall remain dutiable.
- (ii) If the Secretary of Commerce determines that the instrument or apparatus for which application is made is not being manufactured in the United States, the Secretary is authorized to determine further whether any component of such instrument or apparatus of a type that may be purchased, obtained, or imported separately is being manufactured in the United States and shall report the findings to the Secretary of the Treasury and to the applicant institution, and any component found to be domestically available shall remain dutiable.
- (iii) Any decision by the Secretary of the Treasury which allows for duty-free entry of a component of an instrument or apparatus which, due to its size cannot be feasibly imported in its assembled state, shall be effective for a specified maximum period, to be determined in consultation with the Secretary of Commerce, taking into account both the scientific needs of the importing institution and the potential for development of comparable domestic manufacturing capacity.
(e) Subheading 9810.00.60 shall not apply with respect to any instrument or apparatus unless a bona fide order therefor has been placed, by the institution making the application under this U.S. note, on or before the sixtieth day following the day on which a finding of the Secretary of Commerce favorable to the institution has become final and conclusive.
(f) Within 20 days after the publication in the Federal Register of a finding by the Secretary of Commerce under paragraph (c) of this U.S. note, an appeal may be taken from said finding only upon a question or questions of law and only to the United States Court of Appeals for the Federal Circuit:
- (i) by the institution which made the application under paragraph (b) of this U.S. note;
- (ii) by a person who, in the proceeding which led to such finding, represented to the Secretary of Commerce in writing that he manufactures in the United States an instrument or apparatus of equivalent scientific value for the purposes for which the article to which the application relates is intended to be used,
- (iii) by the importer thereof, if the article to which the application relates has been entered at the time the appeal is taken, or
- (iv) by an agent of any of the foregoing.
Any appeal under this paragraph shall receive a preference over all other matters before the Court and shall be heard and determined as expeditiously as the Court considers to be practicable. The judgement of the Court shall be final.
(g) The Secretary of the Treasury and the Secretary of Commerce may prescribe joint regulations to carry out their functions under this note.

SUBCHAPTER XI

samples for soliciting orders

XXII

98-XI-1

U.S. Notes

1. Any article exempted under this subchapter from the payment of duty shall be exempt also from the payment of any internal-revenue tax imposed upon or by reason of importation and from the labeling requirements of the Federal Alcohol Administration Act and chapter 52 of the Internal Revenue Code of 1954.
2. The provisions of heading 9811.00.20 or 9811.00.40 apply to not more than one sample of each beverage product, or of each tobacco product, cigarette paper or cigarette tube, respectively, admitted during any calendar quarter for the use of each person importing alcoholic beverages, tobacco products, cigarette papers or cigarette tubes in commercial quantities.

SUBCHAPTER XII

articles admitted free of duty under bond for

permanent exhibition

XXII

98-XII-1

U.S. Notes

1. The provisions of this subchapter do not apply to articles intended for sale or for any purpose other than exhibition or erecting a public monument, nor do they apply to any institution or society engaged in or connected with business of a private or commercial character. Articles admitted under heading 9812.00.20 may be transferred from an organization specified therein to another such organization, or temporarily to a commercial gallery or other premises, for exhibition and not for sale.
2. Prior to the release of articles under heading 9812.00.20 or 9812.00.40, bond shall be given for the payment of lawful duties which may accrue should any of the articles be sold, transferred or used contrary to the provisions of this subchapter within 5 years after the date of entry hereunder, and such articles shall be subject at any time within such 5-year period to examination and inspection by customs officers. Surety on such bonds may be waived in the discretion of the Secretary of the Treasury.

SUBCHAPTER XIII

articles admitted temporarily free of duty under bond

XXII

98-XIII-1

U.S. Notes

1.
- (a) The articles described in the provisions of this subchapter, when not imported for sale or for sale on approval, may be admitted into the United States without the payment of duty, under bond for their exportation within 1 year from the date of importation, which period, in the discretion of the Secretary of the Treasury, may be extended, upon application, for one or more further periods which, when added to the initial 1 year, shall not exceed a total of 3 years, except that (1) articles imported under heading 9813.00.75 shall be admitted under bond for their exportation within 6 months from the date of importation and such a 6-month period shall not be extended, and (2) in the case of professional equipment and tools of trade admitted into the United States under heading 9813.00.50 which have been seized (other than by seizure made at the suit of private persons), the requirement of reexportation shall be suspended for the duration of the seizure. For purposes of this note, an aircraft engine or propeller, or any part or accessory of either, imported under heading 9813.00.05, which is removed physically from the United States as part of an aircraft departing from the United States in international traffic shall be treated as exported.
- (b) For articles admitted into the United States under heading 9813.00.50, entry shall be made by the nonresident importing the articles or by an organization represented by the nonresident which is established under the laws of a foreign country or has its principal place of business in a foreign country.
- (c) For the purposes of this subchapter, if an article imported into the United States for processing, under heading 9813.00.05, is withdrawn for exportation to Canada or Mexico, the duty assessed shall be waived or reduced in an amount that does not exceed the lesser of the total amount of duty payable on the article that would have been payable on importation under chapters 1 through 97, inclusive, of the tariff schedule or the total amount of customs duty paid to Canada or Mexico on the exported article, unless such article is covered by sections 208(a)(1) through 208(a)(8), inclusive, of the USMCA Implementation Act. The amount of duties or refunds calculated on such articles pursuant to this note shall be adjusted to take into account any subsequent claim for preferential tariff treatment made to another USMCA country.
2. Merchandise may be admitted into the United States under heading 9813.00.05 only on condition that:
- (a) Such merchandise will not be processed into an article manufactured or produced in the United States if such article is:
  - (i) Alcohol, distilled spirits, wine, beer or any dilution or mixture of any or all of the foregoing;
  - (ii) A perfume or other commodity containing ethyl alcohol (whether or not such alcohol is denatured); or
  - (iii) A product of wheat; and
- (b) If any processing of such merchandise results in an article (other than an article described in (a) of this U.S. note) manufactured or produced in the United States:
  - (i) A complete accounting will be made to the Customs Service for all articles, wastes and irrecoverable losses resulting from such processing; and
  - (ii) All articles and valuable wastes resulting from such processing will be exported or destroyed under customs supervision within the bonded period; except that in lieu of the exportation or destruction of valuable wastes, duties may be tendered on such wastes at rates of duties in effect for such wastes at the time of importation.
3. Upon satisfactory proof that any article admitted under heading 9813.00.30 has been destroyed because of its use for any purpose provided for therein, the obligation under the bond to export such article shall be treated as satisfied.
4. District Directors of Customs may defer the exaction of a bond for not to exceed 90 days after the date of importation for vehicles and craft entered under heading 9813.00.35 to take part in races or other specific contests for other than money purses; but unless any such vehicle or craft is exported or the bond is given within the period of such deferment, such vehicle or craft shall be subject to forfeiture.
5. Articles may be admitted under heading 9813.00.75 only on condition that the Secretary of the Treasury shall have found that the foreign country from which the articles were imported allows, or will allow, substantially reciprocal privileges in respect of similar imports to such country from the United States; and if the Secretary finds that a foreign country has discontinued, or will discontinue, the allowance of such privileges, the privileges of heading 9813.00.75 shall not apply thereafter in respect of imports from such foreign country.

Statistical Note

1. For any article entered under statistical reporting numbers 9813.00.0520 and 9813.00.0540, the proper citation for statistical reporting shall consist of 9813.00.0520 or 9813.00.0540 followed by the statistical reporting number for the provision which would have applied if such article were not classifiable in this subchapter and the unit of quantity to be reported is the unit shown for such article in such other provision.

SUBCHAPTER XIV

tea admitted free under bond

XXII

98-XIV-1

U.S. Notes

1. Importers and manufacturers who import the material provided for in heading 9814.00.50 shall give suitable bond, to be subject to the approval only of the District Director of Customs at the port of entry, conditioned that the imported material shall be only used for the purposes provided for in the said heading 9814.00.50, under such regulations as may be prescribed by the Secretary of Health and Human Services. 1Carryover legal note from the Tariff Schedule of the United States (TSUS). The Tea Importation Act (21 U.S.C. 41) was repealed, effective April 9, 1996.
2. See chapter 9 for other provisions relating to tea.

SUBCHAPTER XV

products of american fisheries

XXII

98-XV-1

U.S. Notes

1. An American fishery, for the purposes of this subchapter, is a fishing enterprise conducted under the American flag by vessels of the United States on the high seas or in foreign waters in which such vessels have the right, by treaty or otherwise, to take fish or other marine products and may include a shore station operated in conjunction with such vessels by the owner or master thereof.
2. None of the headings in this subchapter shall apply to fish, fresh, chilled or frozen, in the form of fillets, steaks or slices substantially free of bone (including any of the foregoing divided into sections), if produced in a foreign country, or its territorial waters, in whole or in part with the use of the labor of persons who are not residents of the United States.

SUBCHAPTER XVI

noncommercial importations of limited value

XXII

98-XVI-1

U.S. Note

1. For the purposes of this subchapter the rates of duty for articles provided in this subchapter shall be assessed in lieu of any other rates of duty, except free rates of duty on such articles, unless the Secretary of the Treasury or his delegate determines, in accordance with regulations, that the application of the rate of duty provided in this subchapter to any article in lieu of the rate of duty otherwise applicable thereto adversely affects the economic interest of the United States.

SUBCHAPTER XVII

other special classification provisions

XXII

98-XVII-1

U.S. Notes

1.
- (a) No article shall be exempted from duty under heading 9817.00.40 unless either --
  - (i) a Federal agency (or agencies) designated by the President determines that such article is visual or auditory material of an educational, scientific or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character (17 UST (pt. 2) 1578; Beirut Agreement), or
  - (ii) such article --
    - (A) is imported by, or certified by the importer to be for the use of, any public or private institution or association approved as educational, scientific, or cultural by a Federal agency or agencies designated by the President for the purpose of duty-free admission pursuant to the Nairobi Protocol to the Florence Agreement, and
    - (B) is certified by the importer to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations or any of its specialized agencies. For the purposes of subparagraph (i), whenever the President determines that there is, or may be, profitmaking exhibition or use of articles described in heading 9817.00.40 which interferes significantly (or threatens to interfere significantly) with domestic production of similar articles, he may prescribe regulations imposing restrictions on the entry under one of the above-cited subheadings of such foreign articles to insure that they will be exhibited or used only for nonprofitmaking purposes.
- (b) For purposes of headings 9817.00.42 through 9817.00.48, inclusive, no article shall be exempted from duty unless it meets the criteria set forth in the subparagraphs (a)(ii)(A) and (B) of this note.
2. The provisions of headings 9817.00.50 and 9817.00.60 do not apply to:
- (a) articles provided for in chapter 25;
- (b) articles provided for in subheading 3212.10;
- (c) articles provided for in subheading 3926.90.30;
- (d) articles of leather or of fur on the skin;
- (e) articles of textile material;
- (f) articles provided for in section XIII (except heading 6808 and subheadings 6809.11, 7018.10, 7018.90, 7019.61, 7019.62, 7019.63, 7019.64, 7019.65, 7019.66, 7019.69, 7019.72 and 7019.73);
- (g) articles provided for in chapter 71;
- (h) articles provided for in chapter 72;
- (ij) articles provided for in chapter 73 (except subheadings 7308.10, 7308.20, 7308.40 and 7308.90, subheadings 7315.81 through 7315.89, subheadings 7319.40, 7325.10, 7325.91, 7326.11 and 7326.19);
- (k) articles provided for in chapter 74 (except subheadings 7419.20, 7419.80.17 and 7419.80.50);
- (l) articles provided for in chapter 75;
- (m) articles provided for in chapter 76 (except heading 7610);
- (n) articles provided for in chapter 78;
- (o) articles provided for in chapter 79 (except gutters, roof capping, skylight frames and other fabricated building components, of zinc);
- (p) articles provided for in chapter 80;
- (q) articles provided for in chapter 81 (except subheadings 8101.99 and 8102.99);
- (r) articles provided for in chapter 82;
- (s) articles provided for in chapter 83;
- (t) articles provided for in subheadings 8419.81.50, 8419.81.90, 8427.10, 8427.20, 8427.90 and 8431.20, headings 8432, 8433 and 8434, subheadings 8435.10 and 8435.90, heading 8436, subheadings 8438.80, 8468.10, 8472.90.40, 8479.83, 8479.89, 8485.10, 8485.30 and 8485.80, subheadings 8482.10.10 through 8482.99.65 (other than subheading 8482.91) and subheadings 8483.10.50 and 8487.10;
- (u) articles provided for in chapter 85 (except subheading 8519.81.20, heading 8523, subheadings 8532.90 and 8539.90, heading 8542, subheadings 8543.10 through 8543.30, subheadings 8543.70.60, 8543.70.80, 8543.70.85, 8543.70.92, 8543.70.96, 8543.90, 8544.70, 8546.90, 8547.20 and [heading] 8548);
- (v) articles provided for in chapter 86;
- (w) articles provided for in chapter 87 (except bicycles and other cycles, not motorized, and parts thereof), but interchangeable agricultural and horticultural implements are classifiable in subheading 9817.00.50 even if mounted at the time of importation on a tractor provided for in chapter 87;
- (x) articles provided for in chapter 88 (except heading 8805);
- (y) articles provided for in chapter 89 (except headings 8901, 8902 and 8904, subheadings 8905.10 and 8905.20, and headings 8907 and 8908);
- (z) articles provided for in subheadings 9006.69.01, 9032.89.20, 9032.89.40, 9032.90.20 and 9032.90.40;
- (aa) articles provided for in subheadings 9101.19.20, 9102.12, 9102.91.20, 9103.10.20, 9104.00.05 and 9104.00.45;
- (ab) articles provided for in heading 9405 (except subheadings 9405.61.60, 9405.69.60 and 9405.92);
- (ac) articles provided for in subheadings 9505.10.10, 9506.21.40 and 9506.21.80;
- (ad) articles provided for in subheading 9603.50.00, headings 9604.00.00 and 9605.00.00 and subheading 9616.10.00; or
- (ae) articles provided for in heading 9705.
3.
- (a) Subheading 9817.00.80 does not apply when the market price of copper is under $1.12 per kilogram.
- (b) For purposes of subparagraph (a), the market price of copper is the average market price per kilogram for one calendar month of electrolytic copper in standard shapes and sizes, delivered Connecticut Valley, as determined by the United States International Trade Commission and reported to the Secretary of the Treasury in accordance with procedures set forth below.
- (c) For purposes of subparagraph (a), the market price of copper shall be considered to be under $1.12 per kilogram only on and after the twentieth day after the date of a report by the United States International Trade Commission to the Secretary of the Treasury that it has determined that the market price has been under $1.12 per kilogram for one calendar month. After any such report, the market price shall be considered as not being under $1.12 per kilogram only on and after the twentieth day after the date of a report by the Commission to the Secretary that it has determined that the market price has been $1.12 or more per kilogram for one calendar month.
- (d) Determinations by the said Commission of the market price of electrolytic copper shall be based upon sources commonly resorted to by the buyers of copper in the usual channels of commerce, including, but not limited to, quotations of the market price for electrolytic copper, in standard shapes and sizes, delivered Connecticut Valley, reported by the Engineering and Mining Journal's "Metal and Mineral Markets".
4.
- (a) For purposes of subheadings 9817.00.92, 9817.00.94 and 9817.00.96, the term "blind or other physically or mentally handicapped persons" includes any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
- (b) Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do not cover --
  - (i) articles for acute or transient disability;
  - (ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled;
  - (iii) therapeutic and diagnostic articles; or
  - (iv) medicine or drugs.
5. For purposes of subheading 9817.57.01, the term "mass-produced kits" includes only those which are designed to be sold in the customs territory of the United States exclusively in kit form.
6. For purposes of heading 9817.22.05, the duty-free treatment shall apply to liqueurs and spirituous beverages produced in the territory of Canada from rum if--
- (i) such rum is the growth, product, or manufacture of a designated Caribbean Basin Economic Recovery Act (CBERA) beneficiary country enumerated in general note 7(a) to the tariff schedule or of the Virgin Islands of the United States;
- (ii) such rum is imported directly from a designated CBERA beneficiary country enumerated in general note 7(a) to the tariff schedule or from 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;
- (iii) when imported into the customs territory of the United States, such liqueurs and spirituous beverages are classified in subheading 2208.40 or 2208.90 of the tariff schedule; and
- (iv) such rum accounts for at least 90 percent by volume of the alcoholic content of such liqueurs and spirituous beverages.
7. The following provisions apply to heading 9817.85.01:
- (a) For purposes of this subchapter, including heading 9817.85.01, the term "prototypes" means originals or models of articles that-
  - (i) are either in the preproduction, production, or postproduction stage and are to be used exclusively for development, testing, product evaluation, or quality control purposes; and
  - (ii) in the case of originals or models of articles that are either in the production or postproduction stage, are associated with a design change from current production (including a refinement, advancement, improvement, development, or quality control in either the product itself or the means for producing the product).
  For purposes of clause (i), automobile racing for purse, prize, or commercial competition shall not be considered to be "development, testing, product evaluation, or quality control."
- (b)
  - (i) Prototypes may be imported only in limited noncommercial quantities in accordance with industry practice.
  - (ii) Except as provided for by the Secretary of the Treasury, prototypes or parts of prototypes may not be sold after importation into the United States or be incorporated into other products that are sold.
- (c) Articles subject to quantitative restrictions, antidumping orders, or countervailing duty orders may not be classified as prototypes under this note. Articles subject to licensing requirements, or which must comply with laws, rules, or regulations administered by agencies other than the United States Customs Service before being imported, may be classified as prototypes if they comply with all applicable provisions of law and otherwise meet the definition of "prototypes" under paragraph (a).
8. Any article exempt from duty under heading 9817.60.00 shall be free of taxes and fees that may otherwise be applicable, but shall not be free or otherwise exempt or excluded from routine or other inspections as may be required by the Customs Service.

Statistical Note

1. For statistical reporting of merchandise under subheadings 9817.00.50, 9817.00.60, 9817.00.80, 9817.00.90, 9817.00.92, 9817.00.94, 9817.00.96, 9817.29.01, 9817.29.02, 9817.57.01, 9817.61.01, 9817.82.01, 9817.84.01, 9817.85.01, 9817.95.01, and 9817.95.05:
- (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.

SUBCHAPTER XVIII

vessel parts and repairs

XXII

98-XVIII-1

U.S. Notes

1. The provisions of this subchapter pertain to vessels documented under the laws of the United States to engage in the foreign or coasting trade, or vessels intended to be employed in such trade, for which any entry is required under the customs laws of the United States.
2. Notwithstanding the provisions of subheadings 9818.00.03 through 9818.00.07, no duty shall apply to the cost of equipment, repair parts, and materials that are installed in a vessel documented under the laws of the United States and engaged in the foreign or coasting trade, if the installation is done by members of the regular crew of such vessel while the vessel is on the high seas, in foreign waters, or in a foreign port and does not involve foreign shipyard repairs by foreign labor. Declaration and entry shall not be required with respect to such installation, equipment, parts, and materials.

Statistical Note

1. For statistical reporting of merchandise under subheading 9818.00.05.
- (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.

SUBCHAPTER XIX

textile and apparel goods eligible for special tariff benefits

under the africa growth and opportunity act

XXII

98-XIX-1

U.S. Notes

1. For purposes of this subchapter, the tariff treatment provided herein 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 those beneficiary sub-Saharan African countries previously designated by proclamation which have subsequently been determined in a Federal Register notice issued by the United States Trade Representative (USTR) to have satisfied the requirements of the African Growth and Opportunity Act (AGOA) (title I of Pub.L. No. 106-200) and therefore should be afforded the tariff treatment authorized in such Act and set forth in the provisions of this subchapter. Such countries shall be enumerated in this note whenever the USTR issues a Federal Register notice as described herein. Such articles shall be eligible to enter free of duty and free of any quantitative limitations, except as provided in the notes to this subchapter. The USTR has determined that the following countries have adopted an effective visa system and related procedures and have satisfied the customs requirements of the AGOA and, therefore, are to be afforded the tariff treatment provided for in this note:
Benin, Botswana, Burkina Faso, Cape Verde, Chad, Cote d'Ivoire, Eswatini, Ghana, Kenya, Lesotho, Republic of Liberia, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, Zambia

(a) Imports of apparel articles under subheadings 9819.11.09 and 9819.11.12 which may be applicable to imported apparel articles from eligible beneficiary sub-Saharan African countries pursuant to determinations of the United States International Trade Commission, shall be limited during each 1-year period enumerated in subdivision (b) of this note to the applicable percentage, in aggregate square meter equivalents, of all apparel articles imported into the United States in the preceding 12-month period for which data are available.

(b) Such imports of apparel articles under subheading 9819.11.09 and 9819.15.10, which may be applicable to imported apparel articles from eligible beneficiary sub-Saharan African countries pursuant to determinations of the United States International Trade Commission, shall be limited, in each of the one-year periods beginning on October 1, 2003, to an aggregate quantity not to exceed the applicable percentage set forth herein of aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available:

12-Month Period	Applicable Percentage
October 1, 2003 through September 30, 2004	4.747
October 1, 2004 through September 30, 2005	5.310
October 1, 2005 through September 30, 2006	5.873
October 1, 2006 through September 30, 2007	6.436
October 1, 2007 through September 30, 2008 and each subsequent 12-month period through the period October 1, 2014 through September 30, 2025	7.0

Apparel articles from a lesser developed beneficiary sub-Saharan African country enumerated in subdivision (d) of this note, when such articles are described in and entered under subheading 9819.11.12, shall be counted toward the limit set forth in this note for apparel articles described in and entered under subheading 9819.11.09 and shall, in each of the one-year periods beginning on October 1, 2002, through October 1, 2011, be limited to an aggregate quantity not to exceed the applicable percentage set forth herein of aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available:

12-Month Period	Applicable Percentage
October 1, 2002 through September 30, 2003	2.0714
October 1, 2003 through September 30, 2004	2.3571
October 1, 2004 through September 30, 2005	2.6428
October 1, 2005 through September 30, 2006	2.9285
October 1, 2006 through September 30, 2007, and each 1-year period thereafter through September 30, 2025	3.5

Such apparel articles described in subheading 9819.11.12 shall, during the 12-month periods enumerated above, be allowed to enter regardless of the country of origin of the fabric or yarn used to make such articles, subject to any limitations imposed by the President in a proclamation published in the Federal Register.

(c) The aggregate quantity of imports allowed during each enumerated 12-month period shall be published in the Federal Register by the Committee for the Implementation of Textile Agreements.
(d) For purposes of subheading 9819.11.12, only those designated beneficiary sub-Saharan African countries that have been enumerated in U.S. note 1 to this subchapter, following publication of a notice by the United States Trade Representative, shall be eligible to be treated as lesser developed beneficiary countries pursuant to section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)). Countries qualifying for designation as a lesser developed beneficiary country shall be enumerated in this note whenever the USTR issues a Federal Register notice as described herein and shall be eligible to enter goods under such subheading as of the effective date announced in such notice. Products of the following countries qualifying as lesser developed beneficiary sub-Saharan African countries for purposes of such subheading, if described therein, shall be eligible to enter thereunder, provided that such countries are named in U.S. note 1 to this subchapter on the date of entry, or withdrawal from warehouse for consumption:
Republic of Benin; Republic of Botswana; Burkina Faso; Republic of Cape Verde; Central African Republic; Republic of Chad; Democratic Republic of Congo,The; Côte d'Ivoire; Republic of Djibouti; Eswatini; Gambia, The; Republic of Ghana; Guinea-Bissau; Republic of Kenya; Kingdom of Lesotho; Republic of Liberia; Madagascar; Republic of Malawi; Mauritius; Republic of Mozambique; Republic of Namibia; Niger; Federal Republic of Nigeria; Democratic Republic of Sao Tomé and Principe; Republic of Senegal; Republic of Sierra Leone; United Republic of Tanzania; Republic of Uganda; Republic of Zambia
(e) For purposes of subheading 9819.11.09 and 9819.11.12 which may be applicable to imported apparel articles from eligible beneficiary sub-Saharan African countries pursuant to determinations of the United States International Trade Commission, an apparel article imported thereunder may contain fabrics, fabric components formed, or components knit-to-shape that are specified as being of a type required in the apparel articles of subheadings 9819.11.03 or 9819.11.06.

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 U.S. note 1 to this subchapter, provided that the total weight of all such fibers and yarns is not more than 10 percent of the total weight of the article; or
- (iv) any of the following components that do not meet the requirements set forth in the provisions fo this subchapter: any collars or cuffs (the foregoing cut or knit-to-shape), drawstrings, shoulder pads or other padding, waistbands, belt attached to the article, straps containing elastic, or elbow patches.
- (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, and zippers (including zipper tapes) and labels. 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 9819.11.06 and 9819.11.30, 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 this subchapter, a "former beneficiary sub-Saharan African country" is a country that, after being designated as a beneficiary sub-Saharan African country under the AGOA and enumerated in subdivision (a) of this note, ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States.
4.
- (a) For purposes of subheading 9819.11.27, goods entered under this provision must be certified, by a competent authority of a designated beneficiary country enumerated in U.S. note 1 to this subchapter, as eligible products of such country, in accordance with any requirements established by the appropriate U.S. government authority.
- (b) For purposes of such subheading, the phrase "ethnic printed fabrics" refers to fabrics that are--
  - (i) containing a selvedge on both edges, having a width of less than 50 inches, classifiable under subheading 5208.52.30 or 5208.52.40 of the tariff schedule;
  - (ii) of the type that contains designs, symbols and other characteristics of African prints--
    - (A) normally produced for and sold on the indigenous African market, and
    - (B) normally sold in Africa by the piece as opposed to being tailored into garments before being sold in indigenous African markets;
  - (iii) printed, including waxed, in one or more eligible beneficiary sub-Saharan countries; and
  - (iv) formed in the United States, from yarns formed in the United States, or from fabric formed in one or more beneficiary sub-Saharan African countries from yarn originating in either the United States or one or more beneficiary sub-Saharan African countries.

[U.S. Note 5 deleted]

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.

SUBCHAPTER XIX

textile and apparel goods eligible for special tariff benefits

under the africa growth and opportunity act

XXII

98-XIX-1

U.S. Notes

1. For purposes of this subchapter, the tariff treatment provided herein 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 those beneficiary sub-Saharan African countries previously designated by proclamation which have subsequently been determined in a Federal Register notice issued by the United States Trade Representative (USTR) to have satisfied the requirements of the African Growth and Opportunity Act (AGOA) (title I of Pub.L. No. 106-200) and therefore should be afforded the tariff treatment authorized in such Act and set forth in the provisions of this subchapter. Such countries shall be enumerated in this note whenever the USTR issues a Federal Register notice as described herein. Such articles shall be eligible to enter free of duty and free of any quantitative limitations, except as provided in the notes to this subchapter. The USTR has determined that the following countries have adopted an effective visa system and related procedures and have satisfied the customs requirements of the AGOA and, therefore, are to be afforded the tariff treatment provided for in this note:
Benin, Botswana, Burkina Faso, Cameroon, Cape Verde, Chad, Cote d'Ivoire, Ethiopia, Ghana, Guinea, Kenya, Lesotho, Republic of Liberia, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia

(a) Imports of apparel articles under subheadings 9819.11.09, 9819.11.12, and 9819.15.10, and under any other subheading from among subheadings 9819.15.15 through 9819.15.42 which may be applicable to imported apparel articles from eligible beneficiary sub-Saharan African countries pursuant to determinations of the United States International Trade Commission, shall be limited during each 1-year period enumerated in subdivision (b) of this note to the applicable percentage, in aggregate square meter equivalents, of all apparel articles imported into the United States in the preceding 12-month period for which data are available. Any apparel article eligible for entry under both subheading 9819.11.09 and a subheading from among subheadings 9819.15.10 through 9819.15.42 shall be entered under the appropriate subheading from among 9819.15.10 through 9819.15.42.

(b) Such imports of apparel articles under subheading 9819.11.09 and 9819.15.10, and under any other subheading from among subheadings 9819.15.15 through 9819.15.42 which may be applicable to imported apparel articles from eligible beneficiary sub-Saharan African countries pursuant to determinations of the United States International Trade Commission, shall be limited, in each of the one-year periods beginning on October 1, 2003, to an aggregate quantity not to exceed the applicable percentage set forth herein of aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available:

12-Month Period	Applicable Percentage
October 1, 2003 through September 30, 2004	4.747
October 1, 2004 through September 30, 2005	5.310
October 1, 2005 through September 30, 2006	5.873
October 1, 2006 through September 30, 2007	6.436
October 1, 2007 through September 30, 2008 and each subsequent 12-month period through the period October 1, 2014 through September 30, 2015 1See section 103 of Pub.L. 114-27 for subsequent amendments to expiration date.	7.0

12-Month Period	Applicable Percentage
October 1, 2002 through September 30, 2003	2.0714
October 1, 2003 through September 30, 2004	2.3571
October 1, 2004 through September 30, 2005	2.6428
October 1, 2005 through September 30, 2006	2.9285
October 1, 2006 through September 30, 2007, and each 1-year period thereafter through September 30, 2015 1See section 103 of Pub.L. 114-27 for subsequent amendments to expiration date.	3.5

(c) The aggregate quantity of imports allowed during each enumerated 12-month period shall be published in the Federal Register by the Committee for the Implementation of Textile Agreements.

(d) For purposes of subheading 9819.11.12, only those designated beneficiary sub-Saharan African countries that have been enumerated in U.S. note 1 to this subchapter, following publication of a notice by the United States Trade Representative, shall be eligible to be treated as lesser developed beneficiary countries pursuant to section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)). Countries qualifying for designation as a lesser developed beneficiary country shall be enumerated in this note whenever the USTR issues a Federal Register notice as described herein and shall be eligible to enter goods under such subheading as of the effective date announced in such notice. Products of the following countries qualifying as lesser developed beneficiary sub-Saharan African countries for purposes of such subheading, if described therein, shall be eligible to enter thereunder, provided that such countries are named in U.S. note 1 to this subchapter on the date of entry, or withdrawal from warehouse for consumption:

Republic of Benin	Ethiopia	Federal Republic of Nigeria
Republic of Botswana	Republic of Ghana	Republic of Rwanda
Burkina Faso	Guinea	Democratic Republic of Sao Tomé and Principe
Republic of Cameroon	Republic of Kenya
Republic of Cape Verde	Kingdom of Lesotho	Republic of Senegal
Central African Republic	Republic of Liberia	Republic of Sierra Leone
Republic of Chad	Madagascar	United Republic of Tanzania
Republic of Congo	Republic of Malawi	Republic of Uganda
Cote d'Ivoire	Mauritius	Republic of Zambia
Republic of Djibouti	Republic of Mozambique	Republic of Namibia
State of Eritrea

(e) For purposes of subheading 9819.11.09, 9819.11.12 and 9819.15.10, and under any other subheading from among subheadings 9819.15.15 through 9819.15.42 which may be applicable to imported apparel articles from eligible beneficiary sub-Saharan African countries pursuant to determinations of the United States International Trade Commission, an apparel article imported thereunder may contain fabrics, fabric components formed, or components knit-to-shape that are specified as being of a type required in the apparel articles of subheadings 9819.11.03 or 9819.11.06.

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 U.S. note 1 to this subchapter, provided that the total weight of all such fibers and yarns is not more than 10 percent of the total weight of the article; or
- (iv) any of the following components that do not meet the requirements set forth in the provisions fo this subchapter: any collars or cuffs (the foregoing cut or knit-to-shape), drawstrings, shoulder pads or other padding, waistbands, belt attached to the article, straps containing elastic, or elbow patches.
- (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, and zippers (including zipper tapes) and labels. 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 9819.11.06 and 9819.11.30, 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 this subchapter, a "former beneficiary sub-Saharan African country" is a country that, after being designated as a beneficiary sub-Saharan African country under the AGOA and enumerated in subdivision (a) of this note, ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States.
4.
- (a) For purposes of subheading 9819.11.27, goods entered under this provision must be certified, by a competent authority of a designated beneficiary country enumerated in U.S. note 1 to this subchapter, as eligible products of such country, in accordance with any requirements established by the appropriate U.S. government authority.
- (b) For purposes of such subheading, the phrase "ethnic printed fabrics" refers to fabrics that are--
  - (i) containing a selvedge on both edges, having a width of less than 50 inches, classifiable under subheading 5208.52.30 or 5208.52.40 of the tariff schedule;
  - (ii) of the type that contains designs, symbols and other characteristics of African prints--
    - (A) normally produced for and sold on the indigenous African market, and
    - (B) normally sold in Africa by the piece as opposed to being tailored into garments before being sold in indigenous African markets;
  - (iii) printed, including waxed, in one or more eligible beneficiary sub-Saharan countries; and
  - (iv) formed in the United States, from yarns formed in the United States, or from fabric formed in one or more beneficiary sub-Saharan African countries from yarn originating in either the United States or one or more beneficiary sub-Saharan African countries.

[U.S. Note 5 deleted]

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.

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, curaçao, guyana, haiti, jamaica, saint lucia, trinidad and tobago

(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 Period	Square Meter Equivalents
October 1, 2001 through September 30, 2002	290,000,000
October 1, 2002 through September 30, 2003	500,000,000
October 1, 2003 through September 30, 2004	850,000,000
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 Period	Aggregate Quantity in Dozens
October 1, 2001 through September 30, 2002	4,872,000
October 1, 2002 through September 30, 2003	9,000,000
October 1, 2003 through September 30, 2004	10,000,000
October 1, 2004 through September 30, 2005
and subsequent 12-month periods	12,000,000

(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 Salvador Dominican Republic Nicaragua Panama
    
    Honduras Guatemala Costa 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 period	Percentage
December 20, 2006-December 19, 2007	1 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.

[SUBCHAPTER XXI is deleted]

SUBCHAPTER XXII

provisions established pursuant to free trade agreements

XXII

98-XXII-1

U.S. Notes

1.
- (a) This subchapter contains modifications of the provisions of the tariff schedule established pursuant to free trade agreements between the United States and one or more other countries, as implemented under the general notes to the tariff schedule. Goods entered under this subchapter and described in the provisions of this subchapter for which a rate of duty followed by a symbol in parentheses is herein provided, are subject to duty at the rate set forth in this subchapter in lieu of the rate provided therefor in chapters 1 through 97.
- (b) For purposes of heading 9822.01.05, the duty-free temporary admission of goods under such heading shall be accorded only to goods enumerated as eligible therefor in--
  - (i) article 2.5 of the United States-Singapore Free Trade Agreement,
  - (ii) article 3.7 of the United States-Chile Free Trade Agreement,
  - (iii) article 2.5 of the United States-Australia Free Trade Agreement,
  - (iv) article 3.5 of the Dominican Republic-Central America-United States Free Trade Agreement,
  - (v) article 2.5 of the United States-Morocco Free Trade Agreement,
  - (vi) article 2.5 of the United States-Bahrain Free Trade Agreement,
  - (vii) article 2.5 of the United States-Oman Free Trade Agreement,
  - (viii) article 2.5 of the United States-Peru Trade Promotion Agreement,
  - (ix) article 2.5 of the United States-Korea Free Trade Agreement,
  - (x) article 2.5 of the United States-Colombia Trade Promotion Agreement,
  - (xi) article 3.5 of the United States-Panama Trade Promotion Agreement, or
  - (xii) article 2.7 of the United States-Mexico-Canada Agreement,
  under the terms of such Agreement articles and on such basis as may be prescribed in regulations issued by the Secretary of the Treasury. Such temporary admission shall be limited to goods imported by or for the use of a national or resident of a country (other than the United States) that is a party to one of the Agreements listed in this note, to the extent authorized by the terms of the above-enumerated Agreement articles, and shall be available without bond and regardless of the origin of the goods concerned.
- (c) For purposes of heading 9822.01.10, vessels (together with equipment, parts or materials), regardless of origin, that are exported temporarily from the United States and that undergo repairs or alterations in a country that is a party to a free trade agreement referred to in this subdivision, shall be accorded duty-free entry to the extent provided for in--
  - (i) article 2.6 of the United States-Singapore Free Trade Agreement,
  - (ii) article 3.9 of the United States-Chile Free Trade Agreement,
  - (iii) article 2.6 of the United States-Australia Free Trade Agreement,
  - (iv) article 3.6 of the Dominican Republic-Central America-United States Free Trade Agreement,
  - (v) article 2.6 of the United States-Morocco Free Trade Agreement,
  - (vi) article 2.6 of the United States-Bahrain Free Trade Agreement,
  - (vii) article 2.6 of the United States-Oman Free Trade Agreement,
  - (viii) article 2.6 of the United States-Peru Trade Promotion Agreement,
  - (ix) article 2.6 of the United States-Korea Free Trade Agreement,
  - (x) article 2.6 of the United States-Colombia Trade Promotion Agreement,
  - (xi) article 3.6 of the United States-Panama Trade Promotion Agreement, or
  - (xii) article 2.8 of the United States-Mexico-Canada Agreement,
  under the terms of the pertinent Agreement article and on such basis as may be prescribed in regulations issued by the Secretary of the Treasury. Such duty-free entry shall be available whether or not the repairs or alterations could be performed in the United States.
2.
- (a) Unless otherwise provided, this note and heading 9822.01.25 are effective as to imports from Singapore described therein and entered on or after January 1, 2014. The rate of duty for heading 9822.01.25 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "SG" in parentheses shall apply to imports from Singapore of apparel goods of chapter 61 or 62 if such goods are both cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from fabric or yarn, regardless of origin, designated by the appropriate U.S. government authority as fabric or yarn not available in commercial quantities in a timely manner in the United States. Such designations must have been made in a notice published in the Federal Register identifying apparel goods made from such fabric or yarn as eligible for entry into the United States under subheading 9819.11.24 or 9820.11.27 as of November 15, 2002. For purposes of this note, reference in such a notice to yarn or fabric formed in the United States shall be deemed to include yarns or fabric formed in the territory of Singapore or of the United States, or both.
- (b) For purposes of this note and heading 9822.01.25, in addition to any goods otherwise eligible for entry under such heading, the following goods that are imported from Singapore shall be eligible for entry under such heading on or after August 1, 2006:
  - (i) women's or girls' knitted or crocheted blouses or shirts of subheading 6106.20 or lingerie or underwear of subheading 6108.11.00, 6108.22, 6108.32.00 or 6108.92.00, all the foregoing made from ring-spun single yarn of nm 51 or 85, containing by weight 50 percent or more but less than 85 percent of 0.9 denier or finer micro modal fibers, mixed solely with United States-origin extra long pima cotton of subheading 5510.30.00;
  - (ii) apparel and clothing accessories of chapter 62 (other than gloves of heading 6216) made from 100 percent cotton woven flannel fabrics, of yarns of different colors, containing ring-spun yarns of nm 21 through 36, of 2 x 2 twill weave construction (such fabric classifiable in subheading 5208.43.00);
  - (iii) women's or girls' blouses or shirts of subheading 6206.30 made from fabrics of subheadings 5210.21 or 5210.31, such fabrics not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 nm; or
  - (iv) apparel and clothing accessories of chapters 61 or 62, the foregoing made from micro-denier 30 singles and 36 singles viscose yarn, such yarns solution dyed, open-end spun and staple spun and classifiable in subheading 5510.11.00.
- (c) For purposes of this note and heading 9822.01.25, in addition to any goods otherwise eligible for entry under such heading, the following goods that are imported from Singapore shall be eligible for entry under such heading on or after May 21, 2011:
  - (i) apparel goods of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from viscose rayon filament yarns (such yarns classifiable in subheading 5403.41.00);
  - (ii) blouses for women or girls of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from woven cotton fabrics, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 nm (such fabrics classifiable in subheading 5210.11);
  - (iii) apparel goods (excluding gloves) of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from 100 percent cotton woven yarn-dyed flannel fabrics, made from single ring-spun yarns of nm 14 through 41, of 2 x 1 twill weave construction, weighing 200 g/m2 or less (such fabrics classifiable in subheading 5208.43.00);
  - (iv) shirts, trousers, nightwear, robes, dressing gowns or woven underwear of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from 100 percent cotton woven flannel fabrics (such fabrics classifiable in subheading 5208.42.30 or, if napped, in subheading 5209.41.60);
  - (v) shirts, trousers, nightwear, robes, dressing gowns or woven underwear of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both. from 100 percent cotton woven flannel fabrics (such fabrics comprising sheeting classifiable in subheading 5208.32.30 or napped sheeting classifiable in subheading 5209.31.60);
  - (vi) shirts, trousers, nightwear, robes, dressing gowns or woven underwear of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn orotherwise assembled in the territory of Singapore or of the United States, or both, from 100 percent cotton woven napped fabrics (such fabrics classifiable in subheading 5209.41.60); or
  - (vii) shirts, trousers, nightwear, robes, dressing gowns or woven underwear of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from 100 percent cotton woven double-napped fabrics (such fabrics classifiable in subheading 5209.31.60).
3.
- (a) Unless otherwise provided, this note and heading 9822.02.01 are effective as to originating goods of Chile entered under the terms of general note 26 to the tariff schedule on or after January 1, 2016. In 2016 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the amount of Chile's trade surplus, by volume, from all sources for goods in the following subheadings: 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.20, 1702.30, 1702.40, 1702.60, 1702.90, 1806.10, 2101.12, 2101.20 and 2106.90, except that Chile's imports of originating goods of the United States under subheadings 1702.40 and 1702.60 shall not be included in the calculation of Chile's trade surplus.
- (b) The aggregate quantity of originating goods of Chile entered under heading 9822.02.01 in any calendar year shall be the quantity of goods equal to the amount of Chile's trade surplus in subdivision (a) of this note.
4. Unless otherwise provided, this note and heading 9822.02.02 are effective as to imports from Chile entered on or after January 1, 2016. The Free rate of duty for heading 9822.02.02 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(CL)" shall apply to imports from Chile, in an aggregate annual quantity not to exceed 1,000,000 SME, of:
- (a) cotton or man-made fiber fabric goods provided for in chapters 52, 54, 55, 58, and 60 of the tariff schedule that are wholly formed in Chile from yarn produced or obtained outside the territory of Chile or of the United States, and
- (b) cotton or man-made fiber fabric goods provided for in Annex 4.1 (Specific Rules of Origin) that are wholly formed in Chile from yarn spun in the territory of Chile or of the United States from fiber produced or obtained outside the territory of Chile or of the United States.
5. Unless otherwise provided, this note and heading 9822.02.03 are effective as to imports from Chile entered on or after January 1, 2016. The Free rate of duty for heading 9822.02.03 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(CL)" shall apply to imports from Chile in an aggregate annual quantity not to exceed 1,000,000 SME, of cotton or of man-made fiber apparel goods or apparel goods subject to cotton or man-made fiber restraints, the foregoing that are both cut (or knit to shape) and sewn or otherwise assembled in Chile from fabric or yarn produced or obtained outside the territory of Chile or of the United States, when such goods are provided for in the following subheadings: 6101.20.00, 6101.30.10, 6101.30.20, 6102.20.00, 6102.30.05, 6102.30.20, 6103.10.30, 6103.10.60, 6103.22.00, 6103.23.00, 6103.29.10, 6103.32.00, 6103.33.20, 6103.39.10, 6103.42.10, 6103.42.20, 6103.43.15, 6103.43.20, 6103.49.10, 6103.49.20, 6104.12.00, 6104.13.20, 6104.22.00, 6104.23.00, 6104.29.10, 6104.32.00, 6104.33.20, 6104.39.10, 6104.42.00, 6104.43.20, 6104.44.20, 6104.52.00, 6104.53.20, 6104.59.10, 6104.62.10, 6104.62.20, 6104.63.10, 6104.63.20, 6104.69.10, 6104.69.20, 6105.10.00, 6105.20.20, 6106.10.00, 6106.20.20, 6107.11.00, 6107.12.00, 6107.21.00, 6107.22.00, 6107.91.00, 6107.99.70, 6108.11.00, 6108.19.90, 6108.21.00, 6108.22.90, 6108.31.00, 6108.32.00, 6108.91.00, 6108.92.00, 6109.10.00, 6109.90.10, 6110.20.10, 6110.20.20, 6110.30.10, 6110.30.20, 6110.30.30, 6111.20.10, 6111.20.20, 6111.20.30, 6111.20.40, 6111.20.50, 6111.20.60, 6111.30.10, 6111.30.20, 6111.30.30, 6111.30.40, 6111.30.50, 6111.90.10, 6111.90.20, 6111.90.40, 6111.90.50, 6112.11.00, 6112.12.00, 6112.19.10, 6112.20.10, 6112.20.20, 6112.31.00, 6112.39.00, 6112.41.00, 6112.49.00, 6113.00.90, 6114.20.00, 6114.30.10, 6114.30.20, 6114.30.30, 6115.21.00, 6115.29.80, 6115.20.90, 6115.95.60, 6115.95.90, 6115.96.60, 6115.96.90, 6115.99.14, 6115.99.18, 6116.10.17, 6116.10.48, 6116.10.55, 6116.10.75, 6116.92.64, 6116.92.74, 6116.92.88, 6116.92.94, 6116.93.88, 6116.93.94, 6116.99.48, 6116.99.54, 6117.10.20, 6117.10.60, 6117.80.30, 6117.80.87, 6117.80.95, 6117.90.90, 6201.30.12, 6201.30.20, 6201.40.10, 6201.40.20, 6202.40.65, 6201.92.10, 6201.92.15, 6201.92.20, 6201.93.10, 6201.93.20, 6201.93.30, 6201.93.35, 6202.30.12, 6202.30.20, 6202.40.10, 6202.40.20, 6202.92.10, 6202.92.15, 6202.92.20, 6202.93.10, 6202.93.20, 6202.93.50, 6203.12.20, 6203.19.10, 6203.19.30, 6203.22.10, 6203.22.30, 6203.23.00, 6203.29.20, 6203.32.10, 6203.32.20, 6203.33.20, 6203.39.20, 6203.42.20, 6203.42.40, 6203.43.15, 6203.43.20, 6203.43.25, 6203.43.35, 6203.43.40, 6203.49.10, 6203.49.15, 6203.49.20, 6204.12.00, 6204.13.20, 6204.19.20, 6204.22.10, 6204.22.30, 6204.23.00, 6204.29.20, 6204.32.10, 6204.32.20, 6204.33.10, 6204.33.20, 6204.33.50, 6204.39.30, 6204.42.20, 6204.42.30, 6204.43.10, 6204.43.20, 6204.43.40, 6204.44.20, 6204.44.40, 6204.52.20, 6204.53.10, 6204.53.30, 6204.59.10, 6204.59.30, 6204.62.20, 6204.62.30, 6204.62.40, 6204.63.12, 6204.63.15, 6204.63.20, 6204.63.30, 6204.63.35, 6204.69.10, 6204.69.25, 6205.20.10, 6205.20.20, 6205.30.10, 6205.30.20, 6206.30.10, 6206.30.20, 6206.30.30, 6206.40.10, 6206.40.20, 6206.40.30, 6207.11.00, 6207.19.90, 6207.21.00, 6207.22.00, 6207.91.10, 6207.91.30, 6207.99.75, 6207.99.85, 6208.11.00, 6208.19.20, 6208.21.00, 6208.22.00, 6208.91.10, 6208.91.30, 6208.92.00, 6209.20.10, 6209.20.20, 6209.20.30, 6209.20.50, 6209.30.10, 6209.30.20, 6209.30.30, 6209.90.10, 6209.90.20, 6209.90.30, 6210.10.90, 6210.20.50, 6210.20.90, 6210.30.50, 6210.30.90, 6210.40.50, 6210.40.90, 6210.50.50, 6210.50.90, 6211.11.10, 6211.11.80, 6211.12.10, 6211.12.80, 6211.20.04, 6211.20.15, 6211.20.28, 6211.20.38, 6211.20.48, 6211.20.58, 6211.20.68, 6211.20.78, 6211.32.00, 6211.33.00, 6211.42.00, 6211.43.00, 6212.10.50, 6212.10.90, 6212.20.00, 6212.30.00, 6212.90.00, 6213.20.10, 6213.20.20, 6213.90.10, 6214.30.00, 6214.40.00, 6214.90.00, 6215.20.00, 6215.90.00, 6216.00.17, 6216.00.21, 6216.00.24, 6216.00.29, 6216.00.38, 6216.00.41, 6216.00.54, 6216.00.58, 6217.10.95 or 6217.90.90.
6.
- (a) Unless otherwise provided, this note and heading 9822.03.01 are effective as to originating goods of Morocco entered under the terms of general note 27 to the tariff schedule on or after January 1, 2021. In 2021 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the amount of Morocco's trade surplus, by volume, from all sources for goods in the following subheadings: 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, except that Morocco's imports of originating goods of the United States under subheadings 1702.40 and 1702.60 shall not be included in the calculation of Morocco's trade surplus.
- (b) The aggregate quantity of originating goods of Morocco entered under heading 9822.03.01 in any calendar year shall be the quantity of goods equal to the amount of Morocco's trade surplus in subdivision (a) of this note.

(a) Unless otherwise provided, this note and heading 9822.03.02 are effective as to originating goods of Morocco entered under the terms of general note 27 to the tariff schedule on or after January 1, 2021. In 2021 and in successive years thereafter, the Free rate of duty for heading 9822.03.02 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(MA)" shall apply to imports from Morocco in an aggregate quantity not to exceed 1,067,257 kilograms, of a textile or apparel good if the cotton fibers, classified in heading 5201, used in the production of the good originate in one or more of the least-developed beneficiary sub-Saharan countries designated in (b) of this note, and provided the cotton fibers are carded or combed in the territory of Morocco or the territory of the United States or of a least-developed country listed in (b) of this note.

(b) The following countries for the purposes of this note are least-developed beneficiary sub-Saharan countries as designated in Article 6 of the Bulletin Officiel, No. 4861 bis-chaoual 1421 (1.1.2001), Exoneration du droit d'importation en faveur des produits originaires et en provenance de certains pays d'Afrique, as of January 1, 2005:

Angola	Liberia
Benin	Madagascar
Burkina Faso	Malawi
Burundi	Mali
Cape Verde	Mauritania
Central African Republic	Mozambique
Chad	Niger
Comoros	Rwanda
Democratic Republic of Congo	Sao Tome and Principe
Djibouti	Sierra Leone
Equatorial Guinea	Somalia
Eritrea	Sudan
Ethiopia	Tanzania
Gambia	Togo
Guinea	Uganda
Guinea-Bissau	Zambia
Lesotho

8.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.01 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
- (c) A safeguard measure shall apply to originating goods of Australia entered in excess of the aggregate quantity specified in (a) of the note as follows:
  - (i) If the monthly average index price falls below the 24-month trigger price in any two months during the previous quarter of any calendar year, the rate provided for in subheading 9822.04.02 shall apply during the current quarter of the calendar year; or
  - (ii) If the monthly average index price falls below the 24-month tripper price in any month of the fourth quarter of any calendar year, or in the month immediately preceding the fourth quarter, the rate provided for in subheading 9822.04.02 shall apply during the remainder of the fourth quarter of the calendar year.
  The Office of the United States Trade Representative shall publish in the Federal Register a determination if (c)(i) or (c)(ii) is not applicable to originating goods of Australia.
  
  For purposes of this note the term "monthly average index price" means the monthly average index price for Wholesale Boxed Beef Cut-Out Value Select 1-3 Central U.S. 600-750 lbs., or its equivalent, as reported by the United States Department of Agriculture's Agricultural Marketing Service, and, the term "24-month trigger price" means the price that is 6.5 percent less than the average of the previous 24 monthly average index prices.
9.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 6 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.05 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
10.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 3 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.10 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
11.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 3 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.15 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
12.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 4 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.20 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
13.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 6 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.25 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
14.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 6 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.30 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
15.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 5 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.35 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
16.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 5 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.40 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
17.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 3 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.45 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
18.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 3 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.50 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
19.
- (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. In 2023 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 5 percent.
- (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.65 in any calendar year shall not exceed the quantity specified in (a) of this note.
  The above quantity shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
20.
- (a) Heading 9822.05.01 shall apply to textile or apparel goods of chapters 50 through 63 and subheading 9404.90 that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 29 to the tariff schedule and otherwise meet the requirements of such general note 29:
  - (1) Velveteen fabrics classified in subheading 5801.23;
  - (2) Corduroy fabrics classified in subheading 5801.22, containing 85 percent or more by weight of cotton and containing more than 7.5 wales per cm;
  - (3) Fabrics classified in subheading 5111.11 or 5111.19, hand-woven, with a loom width of less than 76 cm, woven in the United Kingdom in accordance with the rules and regulations of the Harris Tweed Association, Ltd., and so certified by the association;
  - (4) Fabrics classified in subheading 5112.30, weighing not more than 340 g/m2, containing wool, not less than 20 percent by weight of fine animal hair and not less than 15 percent by weight of man-made staple fibers;
  - (5) Batiste fabrics classified in subheading 5513.11 or 5513.21, of square construction, of single yarns exceeding 76 metric count, containing between 60 and 70 warp ends and filling picks per square cm, of a weight not exceeding 110 g/m2;
  - (6) Fabrics classified in subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52, or 5208.59, of average yarn number exceeding 135 metric;
  - (7) Fabrics classified in subheading 5513.11 or 5513.21, not of square construction, containing more than 70 warp ends and filling picks per square cm, of average yarn number exceeding 70 metric;
  - (8) Fabrics classified in subheading 5210.21 or 5210.31, not of square construction, containing more than 70 warp ends and filling picks per square cm, of average yarn number exceeding 70 metric;
  - (9) Fabrics classified in subheading 5208.22 or 5208.32, not of square construction, containing more than 75 warp ends and filling picks per square cm, of average yarn number exceeding 65 metric;
  - (10) Fabrics classified in subheading 5407.81, 5407.82, or 5407.83, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment;
  - (11) Fabrics classified in subheading 5208.42 or 5208.49, not of square construction, containing more than 85 warp ends and filling picks per square cm, of average yarn number exceeding 85 metric;
  - (12) Fabrics classified in subheading 5208.51, of square construction, containing more than 75 warp ends and filling picks per square cm, made with single yarns, of average yarn number equal to or exceeding 95 metric;
  - (13) Fabrics classified in subheading 5208.41, of square construction, with a gingham pattern, containing more than 85 warp ends and filling picks per square cm, made with single yarns, of average yarn number equal to or exceeding 95 metric, and characterized by a check effect produced by the variation in color of the yarns in the warp and filling;
  - (14) Fabrics classified in subheading 5208.41, with the warp colored with vegetable dyes, and the filling yarns white or colored with vegetable dyes, of average yarn number exceeding 65 metric;
  - (15) Circular knit fabric, wholly of cotton yarns, exceeding 100 metric number per single yarn, classified in subheading 6006.21.10, 6006.22.10, 6006.23.10, or 6006.24.10;
  - (16) 100 percent polyester crushed panne velour fabric of circular knit construction, not over 271 g/m2, classified in subheading 6001.92.00;
  - (17) Viscose rayon yarns classified in subheading 5403.31 or 5403.32;
  - (18) Yarn of combed cashmere, combed cashmere blends or combed camel hair classified in subheading 5108.20.80;
  - (19) The following two elastomeric fabrics used in waistbands, the foregoing of man-made fibers, classified in subheading 5903.90.25:
    - (a) a knitted outer-fusible material with a fold line that is knitted into the fabric, such fabric comprising a 45 mm wide base substrate, knitted in narrow width, synthetic fiber based (made of 49 percent polyester, 43 percent elastomeric filament and 8 percent nylon by weight, with a weight of 124.74 g/m2, a 110/110 stretch, and a dull yarn), stretch elastomeric material with an adhesive (thermoplastic resin) coating; such 45 mm width is divided as follows: 34 mm solid, followed by a 3 mm seam allowing it to fold over, followed by 8 mm of solid;
    - (b) a knitted inner-fusible material with an adhesive (thermoplastic resin) coating that is applied after going through a finishing process to remove all shrinkage from the product, such fabric comprising a 40 mm synthetic fiber based, stretch elastomeric fusible consisting of 80 percent nylon type 6 and 20 percent elastomeric filament with a weight of 124.74 g/m2, a 110/110 stretch, and a dull yarn;
  - (20) Fabrics classified in subheading 5210.21 or 5210.31, not of square construction, containing more than 70 warp ends and filling picks per square cm, of average yarn number exceeding 135 metric;
  - (21) Fabrics classified in subheading 5208.22 or 5208.32, not of square construction, containing more than 75 warp ends and filling picks per square cm, of average yarn number exceeding 135 metric;
  - (22) Fabrics classified in subheading 5407.81, 5407.82, or 5407.83, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment of average yarn number exceeding 135 metric;
  - (23) Cuprammonium rayon filament yarn classified in subheading 5403.39;
  - (24) Fabrics classified in subheading 5208.42 or 5208.49, not of square construction, containing more than 85 warp ends and filling picks per square cm, of average yarn number exceeding 85 metric, of average yarn number exceeding 135 metric if the fabric is oxford construction;
  - (25) Single ring-spun yarn of yarn numbers 51 and 85 metric, containing 50 percent or more, but less than 85 percent, by weight of the metric equivalent of 0.9 denier or finer micro modal fiber, mixed solely with U.S. origin extra long pima cotton, classified in subheading 5510.30;
  - (26) Tow of viscose rayon classified in heading 5502;
  - (27) 100 percent cotton woven flannel fabrics, single ring-spun yarns of different colors, of yarn numbers 21 through 36 metric, classified in subheading 5208.43.00, of 2 x 2 twill weave construction, weighing not more than 200 g/m2;
  - (28) Fabrics classified in the following subheadings of average yarn number exceeding 93 metric: 5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50, 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, 5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, 5210.29.80, 5210.31.80, 5210.39.80, 5210.41.80, 5210.49.80, 5210.51.80, or 5210.59.80;
  - (29) Yarns of carded cashmere or of carded camel hair, classified in subheading 5108.10.80, the foregoing used to produce woven fabrics classified in subheading 5111.11 or 5111.19;
  - (30) Acid-dyeable acrylic tow classified in subheading 5501.30, for production of yarn classified in subheading 5509.31;
  - (31) Untextured flat yarns of nylon classified in subheading 5402.41.90, such yarns are described as:
    - (a) of nylon, metric equivalent of 7 denier/5 filament nylon 66 untextured (flat) semi-dull yarn; multifilament, untwisted or with a twist not exceeding 50 turns/m;
    - (b) of nylon, metric equivalent of 10 denier/7 filament nylon 66 untextured (flat) semi-dull yarn; multifilament, untwisted or with a twist not exceeding 50 turns/m; or
    - (c) of nylon, metric equivalent of 12 denier/5 filament nylon 66 untextured (flat) semi-dull yarn; multifilament, untwisted or with a twist not exceeding 50 turns/m;
  - (32) Woven fabric classified in subheading 5515.13.10, combed of polyester staple fibers mixed with wool, and containing less than 36 percent by weight of wool;
  - (33) Knitted fabric of 85 percent spun silk, 15 percent wool by weight (210 g/m2), classified in subheading 6006.90.10;
  - (34) Woven fabrics classified in subheading 5512.99, containing 100 percent by weight of synthetic staple fibers, not of square construction, of average yarn number exceeding 55 metric;
  - (35) Woven fabrics classified in subheadings 5512.21 or 5512.29, of 100 percent acrylic fibers, of average yarn number exceeding 55 metric;
  - (36) Rayon filament sewing thread, classified in subheading 5401.20;
  - (37) Poplin, ring spun, woven fabric of 97 percent cotton, 3 percent spandex by weight, classified in subheading 5208.32.30;
  - (38) Synthetic woven fabric of 74 percent polyester, 22 percent nylon and 4 percent spandex by weight, classified in subheading 5512.99.00;
  - (39) Two-way stretch woven fabric of 62 percent polyester, 32 percent rayon and 6 percent spandex by weight, classified in subheading 5515.19.00;
  - (40) Two-way stretch woven fabric of 71 percent polyester, 23 percent rayon and 6 percent spandex by weight, classified in subheading 5515.19.00;
  - (41) Dyed herringbone twill fabric of 70 percent rayon and 30 percent polyester by weight, classified in subheading 5516.92, weighing more than 200 g/m2;
  - (42) Printed 100 percent rayon herringbone fabric, classified in subheading 5516.14, weighing more than 200 g/m2;
  - (43) Leaver's lace classified in subheading 5804.21 or 5804.29;
  - (44) Man-made fiber fabrics, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 metric, classified in subheading 5513.11 or 5513.21;
  - (45) Cotton fabrics classified in subheading 5210.11, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 metric;
  - (46) Combed yarns of wool or fine animal hair, of wool fiber with an average fiber diameter of 18.5 microns or less, classified in subheadings 5107.10, 5107.20 or 5108.20;
  - (47) 100 percent cotton yarn-dyed woven flannel fabrics made from single ring-spun yarns of number 14 through 41 metric, the foregoing of 2 X 1 twill weave construction, weighing not over 200 g/m2, classified in subheading 5208.43.00;
  - (48) Ring spun single yarns of metric equivalent of English yarn number 30 and higher of 0.9 denier or finer micro modal fibers, classified in subheading 5510.11.00;
  - (49) Colored open-end spun singles yarns, of yarn numbers from metric equivalent of 6/1 to 18/1 English count, containing a blend of reclaimed and reprocessed cotton and not less than 35 percent nor more than 49 percent by weight of licensed Smart Fabric Technology® phase change materials (PCM) acrylic staple fibers, produced under license from Outlast Technologies Inc., classified in subheading 5206.11.00 or 5206.12.00;
  - (50) Woven 100 percent cotton flannel fabric, piece dyed, sanforized, weighing 152.6 g/m2, with 24.4 warp ends per cm of ring spun yarn of number 40.6 metric and 15.7 filling picks per cm of open-end spun filling yarn of number 20.3 metric per and having 40.1 threads per cm2, of an overall average yarn number of 39.4 metric, napped on both sides, having a width of 150 cm cuttable, classified in subheading 5208.32.30;
  - (51) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 251 g/m2, with 22.8 warp ends per cm of ring spun yarn of number 40.6 metric and 15 filling picks per cm of open-end spun yarn of number 8.46 metric and having 37.8 total threads per cm2, of an overall average yarn number of 24.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
  - (52) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 203 g/m2, with 20.5 warp ends per cm of ring spun yarn of number 40.6 metric and 17.3 filling picks per cm of open-end spun yarn of number 13.5 metric and having 37.8 total threads per cm2, of an overall average yarn number of 27.9 metric, having a width of 150 cm cuttable, classified in subheading 5209.31.60;
  - (53) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 291.5 g/m2, with 23.2 warp ends per cm of ring spun yarn of number 27.07 metric and 15 filling picks per cm of open-end spun yarn of number 8.46 metric and having 38.2 total threads per cm2, of an overall average yarn number of 20.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
  - (54) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 291.5 g/m2, with 26.8 warp ends per cm of ring spun yarn of number 25.46 metric and 16.5 filling picks per cm of open-end spun yarn of number 10.16 metric and having 43.3 total threads per cm2, of an overall average yarn number of 23.8 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
  - (55) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 254 g/m2, with 20 warp ends per cm of ring spun yarn of number 28.8 metric and 14.5 filling picks per cm of open-end spun yarn of number 8.46 metric and having 34.5 total threads per cm2, of an overall average yarn number of 27.9 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
  - (56) Woven 100 percent cotton flannel fabric, with of gingham check or plaid of yarns of different colors, napped on both sides, sanforized, weighing 251 g/m2, with 22.8 warp ends per cm of ring spun yarn of number 40.6 metric and 15 filling picks per cm of open-end spun yarn of number 8.46 metric and having 37.8 total threads per cm2, of an overall average yarn number of 24.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.41.60;
  - (57) Woven 100 percent cotton flannel plaid fabric of yarns of different colors, napped on both sides, sanforized, weighing 251 g/m2, with 19.7 warp ends per cm of ring spun yarn of number 20.3 metric and 11.8 filling picks per cm of open-end spun yarn of number 8.46 metric and having 31.5 total threads per cm2, of an overall average yarn number of 20.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.41.60;
  - (58) Woven 100 percent cotton flannel fabric, of yarns of different colors, napped on both sides, sanforized, weighing 152.6 g/m2, with 24.4 warp ends per cm of ring spun yarn of number 40.6 metric and 15.7 filling picks per cm of open-end spun yarn of number 20.4 metric and having 40.1 total threads per cm2, of an overall average yarn number of 39.4 metric, having a width of 150 cm cuttable, classified in subheading 5208.42.30;
  - (59) Woven 100 percent cotton flannel fabric, of yarns of different colors, napped on both sides, sanforized, weighing 251 g/m2, with 22.8 warp ends per cm of ring spun yarn of number 40.6 metric and 17.3 filling picks per cm of open-end spun yarn of number 8.46 metric and having 40.1 total threads per cm2, of an overall average yarn number of 24.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.41.60;
  - (60) Woven 100 percent cotton flannel fabric, piece dyed, napped on both sides, sanforized, weighing 251 g/m2, with 20.1 warp ends per cm of ring spun yarn of number 27.07 metric and 16.5 filling picks per cm of open-end spun yarn of number 10.16 metric and having 36.6 total threads per cm2, of an overall average yarn number of 23.3 metric, having a width of 160 cm cuttable, classified in subheading 5209.41.60;
  - (61) Woven 100 percent cotton fabric, piece dyed, napped on both sides, sanforized, weighing 291.5 g/m2, with 24.41 warp ends per cm of ring spun yarn of number 25.4 metric and 16.53 filling picks per cm of open-end spun yarn of number 10.16 metric and having 42.52 total threads per cm2, of an overall average yarn number of 13.95 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
  - (62) Woven 100 percent cotton fabric, piece dyed, napped on both sides, sanforized, weighing 305 g/m2, with 24.41 warp ends per cm of ring spun yarn of number 25.4 metric and 18.11 filling picks per cm of open-end spun yarn of number 10.16 metric and having 42.52 total threads per cm2, of an overall average yarn number of 13.95 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
  - (63) Woven 100 percent cotton flannel fabric, piece-dyed, napped on both sides, sanforized, weighing 203 g/m2, with 21 warp ends per cm of ring spun yarn of number 40.6 metric and 18 filling picks per cm of open-end spun yarn of number 13.54 metric and having 39 total threads per cm2, of an overall average yarn number of 19.2 metric, having a width of 150 cm cuttable, classified in subheading 5209.31.60;
  - (64) Woven "fancy" 100 percent polyester filament fabric, containing at least three different yarns of different color, of plain, twill or satin weave in combinations of the metric equivalent of 75 denier, 100 denier, 150 denier, and 300 denier yarn sizes, and of 100 percent cationic fibers or mixes of 25 percent cationic/75 percent disperse or 50 percent cationic/50 percent disperse fibers, of a width of 147.3 cm or 152.4 cm, classified in subheading 5407.53.20;
  - (65) Woven 100 percent cotton, 4-thread twill weave flannel fabrics, napped on both sides, weighing 136 to 140 g/m2, containing two or more but not over eight ring-spun cotton yarns of different colors, the foregoing of yarn-dyed, combed, and ring spun single yarns of yarn number 48 to 52 metric, having 38 to 40 warp ends per cm and 28 to 30 filling picks per cm, and 66 to 70 total threads per cm2, of average yarn number 48 to 50 metric, and 148 to 150 cm in width, classified in subheading 5208.43.00;
  - (66) Woven 100 percent cotton, 4-thread herringbone twill weave flannel fabrics, napped on both sides, containing two or more ring-spun yarns of different colors in the warp and filling, the foregoing of yarn-dyed, combed, and ring spun single yarns of yarn number 35/2 to 36/2 metric, having 25 to 26 warp ends per cm and 23 to 24 filling picks per cm and 48 to 50 total threads per cm2, of an average yarn number 32 to 34 metric, weighing 301 to 303 g/m2, and 142 to 145 cm in width, classified in subheading 5208.43.00;
  - (67) Woven 100 percent cotton, 4-thread twill, double faced irregular 1 x 3 sateen flannel fabrics, printed on one side on yarns of different colors, napped on both sides, sanforized, weighing 325 to 327 g/m2, of yarn-dyed, combed, ring spun single yarns, having 33 to 35 warp ends per cm of yarn number 50 to 52 metric, and 57 to 59 filling picks per cm of yarn number 23 to 25 metric and 90 to 94 total threads per cm2, of an average yarn number 28 to 30 metric, having a width of 148 to 152 cm, classified in subheading 5208.43.00;
  - (68) Woven 100 percent cotton, 4-thread twill weave flannel fabrics, piece dyed, carbon emerized on both sides, weighing 176 to 182 g/m2, of yarn-dyed yarns, having 43 to 45 warp ends per cm of combed ring spun yarn of yarn number 39/1 to 41/1 metric, and 24 to 26 filling picks per cm of carded ring spun yarn of yarn number 39/1 to 41/1 metric, and 61 to 71 threads per cm2, of an average yarn number 38 to 40 metric, having a width of 168 to 172 cm, classified in subheading 5208.43.00;
  - (69) Woven 100 percent cotton, 4-thread 2X2 twill weave flannel fabrics, of yarn-dyed, combed ring spun single yarns of different colors, napped, having 50 to 52 (25/2 to 26/2) warp ends per cm and 45 to 46 filling picks per cm (21/2 to 23/2) filling picks per cm of combed, two-ply, ring spun yarns of yarn number 34 metric, of average yarn number of 60 to 62 metric, weighing 150 to 160 g/m2, and having a width of 148 to 152 cm, classified in subheading 5208.43.00;
  - (70) 5205.42.00, 5205.43.00, 5205.44.00, 5205.46.00, 5205.47.00 Compacted, plied, ring-spun 100 percent cotton yarns, of number 42 through 102 metric; and
  - (71) Any other fabric, yarn or fiber that the Committee for Implementation of Textile Agreements (CITA) determines in a notice published in the Federal Register on or after March 1, 2006, is not available in commercial quantities in a timely manner in the territories of the parties to the Agreement, as defined in general note 29(a), subject to any quantitative limitations that CITA may establish for the fabric, yarn or fiber.
- (b) The United States Trade Representative may modify the enumeration of designated fabrics, yarns and fibers set forth in subdivision (a) of this note to reflect CITA determinations described in subdivision (a) of this note, in a notice published in the Federal Register.
21.
- (a) For purposes of heading 9822.05.11 and 9822.05.13, the treatment provided for in general note 29(d)(vii) to the tariff schedule shall be limited to goods imported into the territory of the United States from a party to the Agreement as defined in general note 29(a), other than Dominican Republic, in aggregate quantities not to exceed the overall limit set forth in subdivisions (b) of this note, except as provided in subdivision (c) of this note. For purposes of determining the quantity of square meter equivalents (SME) to be charged against the overall limit, the conversion factors listed in Correlation: U.S. Textile and Apparel Category System with the Harmonized Tariff Schedule of the United States of America 2003, U.S. Department of Commerce, Office of Textiles and Apparel, or successor publication, shall apply.
- (b) Subject to the sublimits set out below and the exclusion provided in subdivision (c) of this note, the overall limit in the first calendar year that goods qualify for entry under this provision shall not exceed 100,000,000 SME. If this provision enters into force after January 1 of that year, the overall limit and sublimits shall be reduced in proportion to the number of full months of that year that have expired. Subject to the sublimits set out below, the overall limit for each successive calendar year that the Agreement as specified in general note 29(a) is in effect may increase up to a maximum of 200,000,000 SME in any calendar year, and the sublimits may increase so that they represent the same proportion of the overall limit as in the first calendar year that goods qualify for entry under this provision. Each percentage increase of the limits shall correspond to the percentage increase in imports into the territory of the United States from the other parties to the Agreement as defined in general note 29(a), other than Dominican Republic, of originating goods of chapter 62 of the tariff schedule.
  - (I) Not more than 45,000,000 SME may be trousers and skirts and parts thereof, of cotton or manmade fibers, or subject to cotton or manmade fiber restraints, within subheadings 6203.19.10, 6203.19.90, 6203.22.30, 6203.23.00, 6203.29.20, 6203.42.40, 6203.43.25, 6203.43.35, 6203.43.40, 6203.49.15, 6203.49.20, 6203.49.80, 6204.12.00, 6204.19.80, 6204.22.30, 6204.23.00, 6204.29.20, 6204.29.40, 6204.52.10, 6204.52.20, 6204.53.10, 6204.53.30, 6204.59.10, 6204.59.30, 6204.59.40, 6204.62.30, 6204.62.40, 6204.63.20, 6204.63.30, 6204.63.35, 6204.69.25, 6204.69.60, 6204.69.90, 6210.40.50, 6210.40.90, 6210.50.50, 6210.50.90, 6211.20.15, 6211.20.38, 6211.20.68, 6211.32.00, 6211.33.00, 6211.42.00, 6211.43.00, 6217.90.90, excluding goods identified in subdivision (b)(ii) of this note.
  - (ii) Not more than 20,000,000 SME may be cotton blue denim trousers within subheadings 6203.42.40 or 6204.62.40 and blue denim skirts within subheading 6204.52.20.
  - (iii) Not more than 1,000,000 SME may be the following apparel goods, not knitted or crocheted, containing 36 percent or more by weight of wool or subject to wool restraints:
    - (A) suits for men or boys described in subheading 6203.11.15, 6203.11.30, 6203.11.60, 6203.11.90, 6203.12.10, 6203.19.20, 6203.19.90, 6203.21.30;
    - (B) suit-type jackets and blazers for men or boys described in subheading 6203.21.30, 6203.21.90, 6203.23.00, 6203.31.50, 6203.31.90, 6203.33.10, 6203.39.10 or 6203.39.90;
    - (C) trousers, breeches and shorts for men or boys described in subheading 6203.21.30, 6203.21.90, 6203.23.00, 6203.41.05, 6203.41.12, 6203.41.18, 6203.43.30, 6203.49.20 or 6203.49.80;
    - (D) suits for women or girls described in subheadings 6204.11.00, 6204.13.10, 6204.19.10 or 6204.19.80;
    - (E) suit-type jackets and blazers for women or girls described in subheading 6204.31.10, 6204.31.20, 6204.33.40, 6204.39.20, 6204.39.80;
    - (F) skirts for women or girls described in subheading 6204.21.00, 6204.23.00, 6204.29.40, 6204.51.00, 6204.53.20, 6204.59.20 or 6204.59.40;
    - (G) trousers, breeches or shorts for women or girls described in subheading 6204.21.00, 6402.23.00, 6204.29.40, 6204.61.10, 6204.61.90, 6204.63.25, 6204.69.20, 6204.69.60 or 6204.69.90.
  - (c) The limit of subdivision (b) of this note shall not apply to the following goods made from wool fabric: men's and boys' and women's and girls' suits, trousers, suit-type jackets and blazers and vests and women's and girls' skirts, provided that such goods are not make of carded wool fabric or made from wool yarn having an average fiber diameter of not over 18.5 microns.
  - (d) The United States Trade Representative (USTR) may modify, in a notice published in the Federal Register, the overall limit and sublimits set forth in subdivision (b) of this note, to reflect CITA determinations, subject to the maximum limitation and percentages set forth in such subdivision (b). The USTR may likewise modify, in a notice published in the Federal Register, such overall limit and sublimits to reflect CITA determinations to implement decisions of the parties to the Agreement, as defined in general note 29(a) to the tariff schedule, to take into account the ability of the Dominican Republic to participate in such limits.
22. For a textile or apparel good provided for in chapters 61 through 63 of the tariff schedule that is not an originating good under general note 29 and for which the duty treatment set forth in heading 9822.05.10 is claimed, the rate of duty set forth in the general subcolumn of rate of duty column 1 shall apply only on the value of the assembled good minus the value of fabrics formed in the United States, components knit-to-shape in the United States and any other materials of U.S. origin used in the production of such a good, provided that the good is sewn or otherwise assembled in the territory of a party to the Agreement (other than the United States) specified in general note 29(a) with thread wholly formed in the United States, from fabrics wholly formed in the United States and cut in one or more parties to the Agreement (other than the United States) as defined in general note 29(a) or from components knit-to-shape in the United States, or both. For purposes of this note--
- (a) a fabric is wholly formed in the United States if all the production processes and finishing operations, starting with the weaving, knitting, needling, tufting, felting, entangling or other process, and ending with a fabric ready for cutting or assembly without further processing, took place in the United States; and
- (b) a thread is wholly formed in the United States if all the production processes, starting with the extrusion of filaments, strips, film or sheet, and including slitting a film or sheet into strip, or the spinning of all fibers into thread, or both, and ending with thread, took place in the United States.
23. For purposes of this subchapter, the term "goods described in U.S. note 23 to this subchapter" means goods entered under subheading 9822.05.15 or 9822.05.20. Such goods must satisfy the requirements of general note 29(a) to the tariff schedule, except that operations performed in, or material obtained from, the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement as defined in general note 29(a) to the tariff schedule. For purposes of determining which country-specific tariff-rate quota applies to such a good, the nonpreferential rules of origin used in the normal course of trade shall be applied.
24. The aggregate quantity of goods of Costa Rica described in U.S. note 23 to this subchapter that may be entered under subheading 9822.05.15 in calendar year 2009 or in any subsequent calendar year shall not exceed 2,000 metric tons.

25.

(a) During the periods specified below, the aggregate quantity of goods described in U.S. note 23 to this subchapter of each party to the Agreement as defined in general note 29(a) that may be entered under subheading 9822.05.20 shall be limited to the aggregate quantity (set forth in metric tons) specified below for the country listed:

Period	Country	Metric tons
March 24, 2006 - December 31, 2006	El Salvador	24,000
April 1, 2006 - December 31, 2006	Honduras	8,000
April 1, 2006 - December 31, 2006	Nicaragua	22,000
July 1, 2006 - December 31, 2006	Guatemala	32,000
March 1, 2007 - December 31, 2007	Dominican Republic	0
January 1, 2009 - December 31, 2009	Costa Rica	11,660
June 15, 2010 - December 31, 2010	Costa Rica	11,880

(b)

(i) Beginning in 2007 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year, using the most recent annual data available, of the amount of the trade surplus (the amount by which a country's exports to all destinations exceeds its imports from all sources), by volume, of each party to the Agreement as defined in general note 29(a) to the tariff schedule for goods classified in the following subheadings:
1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60,

except that a country's exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.12, 1701.91 and 1701.99 and its imports of originating goods of the United States classified under subheadings 1702.40 and 1702.60 shall not be included in the calculation of a country's trade surplus.

(ii) The aggregate quantity of goods described in U.S. note 23 to this subchapter of each party to the Agreement as defined in general note 29(a) that may be entered under subheading 9822.05.20 in any calendar year set forth herein shall be the quantity of goods equal to the lesser of the amount of that country's trade surplus determined under subdivision (b) (ii) of this note or the aggregate quantity of goods specified below for that country for that year.

	2007	2008	2009(metric tons)	2010	2011
Costa Rica					12,100
Dominican Republic		10,400	10,600	10,800	11,000
El Salvador	24,480	24,960	28,000	28,560	29,120
Guatemala	32,640	33,280	37,000	37,740	38,480
Honduras	8,160	8,320	8,480	8,640	8,800
Nicaragua	22,440	22,880	23,320	23,760	24,200

	2012	2013	2014(metric tons)	2015	2016
Costa Rica	12,320	12,540	12,760	12,980	13,200
Dominican Republic	11,200	11,400	11,600	11,800	12,000
El Salvador	29,680	31,000	31,620	32,240	32,860
Guatemala	39,220	42,000	42,840	43,680	44,520
Honduras	8,960	9,120	9,280	9,440	9,600
Nicaragua	24,640	25,080	25,520	25,960	26,400

	2017	2018	2019(metric tons)	2020	2021
Costa Rica	13,420	13,640	13,860	14,080	14,300
Dominican Republic	12,200	12,400	12,600	12,800	13,000
El Salvador	34,000	34,680	35,360	36,040	36,720
Guatemala	47,000	47,940	48,880	49,820	50,760
Honduras	9,760	9,920	10,080	10,240	10,400
Nicaragua	26,840	27,280	27,720	28,160	28,600

In each successive calendar year after 2021, the aggregate quantity for each enumerated country shall be increased, from the aggregate quantity permitted in the prior calendar year, by the quantity set forth herein:

	Quantity(metric tons)
Costa Rica	220
Dominican Republic	200
El Salvador	680
Guatemala	940
Honduras	160
Nicaragua	440

The quantities of goods of subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50, 1702.90.20 and 2106.90.46 that are entered under subheading 9822.05.20 shall be determined on a raw-value equivalent basis. For purposes of this note, the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (i) for the entry of such articles pending a final determination of polarity; and (ii) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following manner--

(A) For articles described in subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 and 2106.90.46 by multiplying the number of kilograms thereof by the greater of 0.93, or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion).
(B) For articles described in subheading 1702.90.20, by multiplying the number of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invert sugars) by 1.07.

26. The tariff treatment provided for in heading 9822.05.25 is limited to goods that have been mutually agreed by a party to the Agreement as defined in general note 29(a) and by CITA to fall within the following:
- (a) hand-loomed fabrics of a cottage industry;
- (b) hand-made cottage industry goods made of such hand-loomed fabrics; or
- (c) traditional folklore handicraft goods.
Such goods must be certified as eligible products of such party by the competent authority of such party, in accordance with any requirements established by CITA.
27. Earned import allowance program.
- (a) For purposes of heading 9822.06.05, eligible apparel articles wholly assembled in and imported directly from the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate that reflect the amount of credits equal to the total square meter equivalents (SMEs) of fabric in such apparel articles, in accordance with the earned import allowance program established by the Secretary of Commerce. For purposes of determining the quantity of SMEs under this note, the conversion factors listed in "Correlation: U.S. Textile and Apparel Industry Category System with the Harmonized Tariff Schedule fo the United States of America, 2008" or its successor publications, of the United States Department of Commerce shall apply.
- (b) For purposes of subdivision (a) of this note, the term "eligible apparel articles" means the following articles classified in chapter 62 of the tariff schedule (and meeting the requirements of the rules relating to chapter 62 of the tariff schedule contained in general note 29(n) of such schedule) of cotton (but not of denim): trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts and pants.

28.

(a) For purposes of this subchapter, notwithstanding any other provisions of the tariff schedule, the term "goods of Peru, under the terms of general note 32 to the tariff schedule" means goods of Peru that satisfy the requirements of general note 32 to the tariff schedule, except that operations performed in, or material obtained from, the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement as defined in general note 32 to the tariff schedule.
(b) The United States Trade Representative (USTR) may promulgate regulations to provide for the entry of goods of Peru under subheading 9822.06.10. Such USTR regulations may, among other things, provide for the issuance of certificates of eligibility to accompany goods of Peru imported under such subheading.
(c) Beginning in 2009 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year, using the most recent annual data available, of the amount of the trade surplus (the amount by which Peru's exports to all destinations exceeds its imports from all sources), by volume, for goods of Peru under the terms of general note 32 to the tariff schedule, that are classified in the following subheadings:
- 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60,
except that Peru's exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.12, 1701.91 and 1701.99 and its imports of originating goods of the United States classified under subheadings 1702.40 and 1702.60 shall not be included in the calculation of Peru's trade surplus.

(d) The aggregate quantity of goods of Peru under the terms of general note 32 to the tariff schedule that may be entered under subheading 9822.06.10 in any calendar year set forth herein shall be the quantity of goods equal to the lesser of the amount of Peru's trade surplus determined under subdivision (c) of this note or the aggregate quantity of goods specified below for Peru for that year.

Year	Quantity(metric tons)	Year	Quantity(metric tons)
2/1/09 - 12/31/09	9,000	2017	10,440
2010	9,180	2018	10,620
2011	9,360	2019	10,800
2012	9,540	2020	10,980
2013	9,720	2021	11,160
2014	9,900	2022	11,340
2015	10,080	2023	11,520
2016	10,260

In each successive calendar year after 2023, the aggregate quantity for each enumerated country shall be increased, from the aggregate quantity permitted in the prior calendar year, by 180 metric tons annually.

(e) The quantities of goods of subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50, 1702.90.20 and 2106.90.46 that are entered under subheading 9822.06.10 shall be determined on a raw-value equivalent basis. For purposes of this note, the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (i) for the entry of such articles pending a final determination of polarity; and (ii) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following manner--
- (1) For articles described in subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 and 2106.90.46, by multiplying the number of kilograms thereof by the greater of 0.93 or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion).
- (2) For articles described in subheading 1702.90.20, by multiplying the number of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invert sugars) by 1.07.

29.
- (a) Heading 9822.06.20 shall apply to textile or apparel goods of chapters 50 through 63 and subheading 9404.90 that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 32 to the tariff schedule and otherwise meet the requirements of such general note 32:
  - (1) 100 percent polyester crushed panné velour fabric, of circular knit construction, weighing not over 271 g/m2, provided for in subheading 6001.92.00;
  - (2) Cuprammonium rayon filament yarn, provided for in subheading 5403.39;
  - (3) Yarn of combed cashmere, combed cashmere blends or combed camel hair, provided for in subheading 5108.20.60;
  - (4) Woven fabrics of synthetic staple fibers, not of square construction, containing more than 70 warp ends and filling picks per square cm, of average yarn number exceeding 135 metric, provided for in subheading 5513.11 or 5513.21;
  - (5) Woven fabrics of cotton, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric, provided for in subheading 5210.21 or 5210.31;
  - (6) Woven fabrics of synthetic filament yarn, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment, of average yarn number exceeding 135 metric, provided for in subheading 5407.81, 5407.82 or 5407.83;
  - (7) Woven fabrics of cotton, of square construction, containing more than 75 warp ends and filling picks per cm2, made with single yarns, of average yarn number 95 or greater metric, provided for in subheading 5208.51;
  - (8) Woven fabrics of cotton, with the warp yarns colored with vegetable dyes and the filling yarns white or colored with vegetable dyes, of average yarn number greater than 65 metric, provided for in subheading 5208.41;
  - (9) Ring spun single yarn of yarn numbers 50 and 84 metric, containing 50 percent or more but less than 85 percent by weight of 1 decitex or finer micro modal fiber, mixed solely with U.S. origin extra long pima cotton, provided for in subheading 5510.30.00;
  - (10) Micro-denier 30 and 36 singles solution dyed, open-end spun, staple spun yarn of viscose rayon fibers, provided for in subheading 5510.11.00;
  - (11) Combed compact yarns of wool or fine animal hair, other than South American camelidae fine hair, provided for in subheading 5107.10, 5107.20 or 5108.20;
  - (12) Plain, twill or satin weave 100 percent polyester filament fabric, measuring 147.3 cm or more but not over 152.4 cm in width, of yarns of at least three different colors, in combinations of 83.3 decitex, 111.1 decitex, 166.7 decitex and 333.3 decitex yarn sizes, with mixes of 25 percent cationic/75 percent disperse, 50 percent cationic/50 percent disperse and 100 percent cationic dyes, provided for in subheading 5407.53.20;
  - (13) Ring spun single yarns of artificial staple fibers, of yarn number 50 metric and higher, of 1 decitex or finer micro modal fibers, provided for in subheading 5510.11.00;
  - (14) 100 percent cotton flannel fabrics, 4-thread twill weave, measuring 148 cm or more but not over 150 cm in width, weighing 136 or more but not over 140 g/m2, formed from yarn-dyed, combed and ring spun single yarns of yarn numbers 48 or more but not over 52 metric warp and filling, average yarn number 48 or more but not over 50 metric of between two and eight yarns of different colors; the foregoing napped on both sides, containing 38 or more but not over 40 warp ends per cm, 28 or more but not over 30 filling picks per cm with a total thread count of 66 or more but not over 70 threads per cm2, provided for in subheading 5208.43.00;
  - (15) 100 percent cotton flannel fabrics, of 4-thread herringbone twill weave, measuring 142 cm or more but not over 145 cm in width, weighing 301 or more but not over 303 g/m2, formed from yarn-dyed, combed and ring spun single yarns of yarn numbers 35/2 or 36/2 metric warp and filling, ring spun, with an overall average yarn number 32 or more but not over 34 metric, of two or more yarns of different colors in the warp and filling; napped on both sides, containing 25 or 26 warp ends per cm, 23 or 24 filling picks per cm and a total of 48 or more but not over- 50 threads per cm2 , provided for in subheading 5208.43.00;
  - (16) 100 percent cotton flannel fabrics, measuring 148 cm or more but not over 152 cm in width, weighing 325 or more but not over 327 g/m2, of 4-thread double faced irregular 1 x 3 sateen twill weave, formed from yarn-dyed, combed and ring spun single yarns of yarn numbers 50 or more but not over 52 metric warp, 23 or more but not over 25 metric filling and an overall average yarn number 28 or more but not over 30 metric, the foregoing printed on one side on yarns of different colors; napped on both sides and sanforized, containing 33 or more but not over 35 warp ends per cm, 57 or more but not over 59 filling picks per cm and a total of 90 or more but not over 94 threads per cm2, provided for in subheading 5208.43.00;
  - (17) 100 percent cotton flannel fabrics, measuring 168 cm or more but not over 172 cm in width, weighing 176 or more but not over 182 g/m2 , dyed, carbon emerized on both sides, 4-thread twill weave, the foregoing formed from yarn-dyed, combed and ring spun single yarns of yarn numbers 39/1 or more but not over 41/1 metric combed ring spun warp, 39/1 or more but not over 41/1 carded ring spun filling and an overall average yarn number of 38 or more but not over 40 metric, containing 43 or more but not over 45 warp ends per cm, 24 or more but not over 26 filling picks per cm, with a total of 61 or more but not over 71 threads per cm2, provided for in subheading 5208.43.00;
  - (18) 100 percent cotton flannel fabrics, measuring 148 cm or more but not over 152 cm in width, weighing 150 or more but not over 160 g/m2, 4-thread 2x2 twill weave, the foregoing formed from yarn-dyed, combed and ring spun single yarns of different colors, napped, with yarn numbers 34 metric warp and filling, ring spun and combed, two ply, and an average yarn number of 60 or more but not over 62 metric, containing 50 or more but not over 52 warp ends per cm, 45 or more but not over 46 filling picks per cm and a total thread count of 92 or more but not over 98 threads per square cm, provided for in subheading 5208.43.00; or
  - (19) Any other fabric, yarn or fiber that the Committee for Implementation of Textile Agreements (CITA) determines in a notice published in the Federal Register on or after February 1, 2009, is not available in commercial quantities in a timely manner in the territory of Peru, the United States or both, subject to any quantitative limitations that CITA may establish for the fabric, yarn or fiber.
- (b) The United States Trade Representative may modify the enumeration of designated fabrics, yarns and fibers set forth in subdivision (a) of this note, to reflect CITA determinations described in subdivision (a) of this note, in a notice published in the Federal Register.
30.
- (a) The tariff treatment provided for in heading 9822.06.25 is limited to goods that have been mutually agreed by Peru and by the United States and determined by CITA to fall within the following provisions:
  - (1) hand-loomed fabrics of a cottage industry;
  - (2) hand-made cottage industry goods made of such hand-loomed fabrics; or
  - (3) traditional folklore handicraft goods.
  - (4) handmade goods that substantially incorporate a historical or traditional regional design or motif.
  A historical or traditional regional design or motif includes, but is not limited to, depictions of traditional geometric patterns or native objects, landscapes, animals, or people.
- (b) Such goods must be certified as eligible products of Peru by the competent authority of Peru, in accordance with any requirements established by the Committee for Implementation of Textile Agreements.

31.

(a) Subheadings 9822.07.10 through 9822.07.25 and the quantitative limitations set forth in subdivision (b) of this note apply to nonoriginating goods of Korea, provided for in subheading 2402.20 of the tariff schedule. The provisions of this note and such subheadings shall apply to such goods of Korea that contain nonoriginating tobacco of heading 2401, provided that: (a) leaf tobacco of heading 2401 that has been grown and harvested in the United States constitutes not less than 30 percent by weight of the tobacco contained in such goods; or (b) originating leaf tobacco of heading 2401 constitutes not less than 60 percent by weight of the tobacco contained in such goods. Nonoriginating goods of Korea entered in excess of the quantitative limitation set forth herein in any calendar year beginning with 2012 shall receive the column 1-general rate of duty provided for in the appropriate provision in chapter 24. No originating goods of Korea, under the terms of general note 33 to the tariff schedule, shall be permitted or included under these subheadings.

(b) The aggregate quantity of goods of Korea entered under subheadings 9822.07.10 through 9822.07.25 in any calendar year shall not exceed the quantity specified below for that year.

Year	Quantity(Thousands)	Year	Quantity(Thousands)
3/15/2012-12/31/2012	1,100,000	2016	2,100,000
2013	1,350,000	2017	2,300,000
2014	1,600,000	2018 and thereafter	2,500,000
2015	1,850,000

32.

(a) In the period of May 15, 2012 through December 31, 2012, the aggregate quantity of goods of Colombia, as defined in General Note 34, described in U.S. note 32 to this subchapter, that is entered under subheading 9822.08.01 shall be limited to 50,000 metric tons.
(b) Beginning in 2013 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year, using the most recent annual data available, of the amount of Colombia's trade surplus (the amount by which Colombia's exports to all destinations exceeds its imports from all sources), by volume, for goods classified in the following subheadings:
1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60,
except that Colombia's exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 and its imports of originating goods of the United States classified under subheadings 1702.40 and 1702.60 shall not be included in the calculation of that country's trade surplus.

(c)

(i) The aggregate quantity of goods of Colombia, as defined in such general note 34, that may be entered under subheading 9822.08.01 in any calendar year set forth herein shall be the quantity of goods equal to the lesser of (1) the amount of Colombia's trade surplus determined under subdivision (b) of this note, or (2) the aggregate quantity of goods specified below for Colombia for that year.

Year	Quantity(metric tons)	Year	Quantity(metric tons)
2013	50,750	2020	56,000
2014	51,500	2021	56,750
2015	52,250	2022	57,500
2016	53,000	2023	58,250
2017	53,750	2024	59,000
2018	54,500	2025	59,750
2019	55,250	2026	60,500

In each successive calendar year after 2026, the aggregate quantity for each enumerated country shall be increased, from the aggregate quantity permitted in the prior calendar year, by 750 metric tons annually.

(ii) The quantities of goods of subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50, 1702.90.20 and 2106.90.46 that are entered under subheading 9822.08.01 shall be determined on a raw-value equivalent basis. For purposes of this note, the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (i) for the entry of such articles pending a final determination of polarity; and (ii) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following manner--
- (A) For articles described in subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 and 2106.90.46 by multiplying the number of kilograms thereof by the greater of 0.93, or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion).
- (B) For articles described in subheading 1702.90.20, by multiplying the number of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invert sugars) by 1.07.

(d) For purposes of subheading 9822.08.01, notwithstanding any other provisions of the tariff schedule, the term "goods of Colombia, under the terms of general note 34 to the tariff schedule" means goods of Colombia that satisfy the requirements of general note 34 to the tariff schedule, except that operations performed in, or material obtained from, the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the agreement specified in such general note 34 to the tariff schedule.
33.
- (a) Heading 9822.08.25 shall apply to textile or apparel goods of Colombia of chapters 42, 50 through 63 and 94 of the tariff schedule that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 34 (m)(vii) to the tariff schedule and that otherwise meet the requirements of such general note 34:
  - (1) Crushed panné velour fabrics classified in subheading 6001.92.00, of circular knit construction, wholly of polyester;
  - (2) Cuprammonium rayon filament yarn classified in subheading 5403.39;
  - (3) Yarns of combed cashmere, combed cashmere blends or combed camel hair classified in subheading 5108.20.60;
  - (4) Fabrics classified in subheading 5513.11 or 5513.21, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric;
  - (5) Fabrics classified in subheading 5210.21 or 5210.31, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric;
  - (6) Fabrics classified in subheading 5407.81, 5407.82 or 5407.83, weighing less than 170 g/cm2, having a dobby weave created by a dobby attachment, of average yarn number exceeding 135 metric;
  - (7) Fabrics classified in subheading 5208.51, of square construction, containing more than 75 warp ends and filling picks per cm2, made with single yarns, of average yarn number 95 or greater metric;
  - (8) Fabrics classified in subheading 5208.41, with the warp colored with vegetable dyes, and the filling yarns white or colored with vegetable dyes, of average yarn number greater than 65 metric;
  - (9) Ring spun single yarn classified in subheading 5510.30.00, of English yarn numbers 30 and 50, containing 50 percent or more but less than 85 percent by weight of 0.9 denier or finer micro modal fibers, mixed solely with U.S.-origin extra long pima cotton;
  - (10) Micro-denier 30 and 36 singles solution dyed, open-end spun, staple spun viscose yarn classified in subheading 5510.11.00;
  - (11) Combed compact yarns of wool or fine animal hair (except South American camelidae fine hair), classified in subheading 5107.10, 5107.20 or 5108.20;
  - (12) "Fancy" polyester filament fabrics classified in subheading 5403.53.20, wholly of polyester, of plain, twill or satin weave; containing at least three different yarns each of which is dyed a different color; in combinations of 75 denier, 100 denier, 150 denier and 300 denier yarn sizes, with mixes of 25 percent cationic/75 percent disperse, 50 percent cationic/50 percent disperse and 100 percent cationic; the foregoing either (1) flat fabrics weighing not more than 170 g/m2 or (2) fabrics other than flat fabrics, weighing more than 170 g/m2 ;
  - (13) Ring spun single yarns of English yarn number 30 and higher, of 0.9 denier or finer micro modal fibers, classified in subheading 5510.11.00;
  - (14) Fabrics wholly of cotton, flannel, of 4-thread twill weave, of yarn-dyed, combed and ring spun single yarns; weighing 136 or more but not over 140 g/m2; measuring 148 or more but not over 150 cm in width; having a thread count of 38 through 40 warp ends per cm and 28 through 30 filling picks per cm and a total thread count of 66 through 70 threads per cm2; of a yarn number of 48 through 52 metric warp and filling, with average yarn number 48 through 50 metric; of two or more and up to eight yarns of different colors; napped on both sides; the foregoing classified in subheading 5208.43.00;
  - (15) Fabrics wholly of cotton, flannel, of 4-thread Herringbone twill weave, of yarn-dyed, combed and ring spun single yarns; weighing 301 or more but not over 303 g/m2; measuring 142 or more but not over 145 cm in width; having a thread count of 25 through 26 warp ends per cm and 23 through 24 filling picks per cm and a total thread count of 48 through 50 threads per cm2; of a yarn number of 35/2 through 36/2 metric warp and filling, with average yarn number 32 through 34 metric; of two or more yarns of different colors in the warp and filling; napped on both sides; the foregoing classified in subheading 5208.43.00;
  - (16) Fabrics wholly of cotton, flannel, of 4-thread twill weave (double faced irregular 1 x 3 sateen), of yarn-dyed, combed and ring spun single yarns; weighing 325 or more but not over 327 g/m2; measuring 148 or more but not over 152 cm in width; having a thread count of 33 through 35 warp ends per cm and 57 through 59 filling picks per cm and a total thread count of 90 through 94 threads per cm2; of a yarn number of 50 through 52 metric warp and 23 through 25 filling, with overall average yarn number 32 through 34 metric; printed on one side on yarns of different colors; napped on both sides; sanforized®; the foregoing classified in subheading 5208.43.00;
  - (17) Fabrics wholly of cotton, flannel, of 3-thread or 4-thread twill weave, of yarn-dyed, combed and ring spun single yarns; weighing 176 or more but not over 182 g/m2; measuring 168 or more but not over 172 cm in width; having a thread count of 43 through 45 warp ends per cm and 24 through 26 filling picks per cm and a total thread count of 61 through 71 threads per cm2; of a yarn number of 39/1 through 41/1 metric combed ring spun warp and 39/1 through 41/1 carded ring spun filling, with overall average yarn number 38 through 40 metric; piece dyed; carbon emerized on both sides; the foregoing classified in subheading 5208.43.00;
  - (18) Fabrics wholly of cotton, flannel, of 4-thread 2 x 2 twill weave, of yarn-dyed, combed and ring spun single yarns; weighing 150 or more but not over 160 g/m2; measuring 148 or more but not over 152 cm in width; having a thread count of 50 through 52 warp ends per cm (25 through 26 x two plies) and 45 through 46 filling picks per cm (21 through 23 x two plies) and a total thread count of 92 through 98 threads per cm2 (46 through 49 x two plies); of a yarn number of 34 metric warp and filling, ring spun and combed, two ply yarns, with average yarn number 60 through 62 metric; of yarns of different colors; napped; the foregoing classified in subheading 5208.43.00;
  - (19) Any other fabric, yarn or fiber that the Committee for Implementation of Textile Agreements (CITA) determines in a notice published in the Federal Register pursuant to Public Law 112-42 is not available in commercial quantities in a timely manner in the territory of Colombia or of the United States, subject to any quantitative limitations that CITA may establish for the fabric, yarn or fiber.
- (b) The United States Trade Representative may modify the enumeration of designated fabrics, yarns and fibers set forth in this note to reflect CITA determinations described in subdivision (a), above, in a notice published in the Federal Register.
34.
- (a) The tariff treatment provided for in heading 9822.08.35 is limited to goods that have been mutually agreed by Colombia and by the United States and determined by the Committee for Implementation of Textile Agreements (CITA) to fall within the following provisions:
  - (1) hand-loomed fabrics of a cottage industry;
  - (2) hand-made cottage industry goods made of such hand-loomed fabrics;
  - (3) traditional folklore handicraft goods; or
  - (4) handmade goods that substantially incorporate a historical or traditional regional design or motif.
  A historical or traditional regional design or motif includes, but is not limited to, depictions of traditional geometric patterns or native objects, landscapes, animals or people.
- (b) Such goods must be certified as eligible products of Colombia by the competent authority of Colombia, in accordance with any requirements established by CITA.

35.

(a) Beginning in 2012 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year, using the most recent annual data available, of the amount of Panama's trade surplus (the amount by which Panama's exports to all destinations exceeds its imports from all sources), by volume, for goods of Panama under the terms of general note 35 to the tariff schedule that are classified in the following subheadings: 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, except that Panama's exports to the United States of goods classified in subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 and its imports of originating goods of the United States classified in subheadings 1702.40 and 1702.60 shall not be included in the calculation of Panama's trade surplus.
(b) During the period from October 31, 2012 through the close of December 31, 2012, the aggregate quantity of originating goods of Panama, under the terms of general note 35 to the tariff schedule, that may be entered under subheading 9822.09.17 shall be zero.

(c) The aggregate quantity of originating goods of Panama, under the terms of general note 35 to the tariff schedule, that may be entered under subheading 9822.09.17 in any calendar year as provided herein shall be the quantity goods equal to the lesser of the amount of Panama's trade surplus determined under subdivision (a) of this note, or the aggregate quantity of goods specified below for Panama for that year:

Year	Quantity(metric tons)	Year	Quantity(metric tons)
2013	510	2020	545
2014	515	2021	550
2015	520	2022	555
2016	525	2023	560
2017	530	2024	565
2018	535	2025	570
2019	540	2026	575

In each successive calendar year after 2026, the aggregate quantity for such goods of Panama shall be increased, from the aggregate quantity permitted in the prior calendar year, by 5 metric tons annually.

(d) The United States may administer the duty-free quantities established in this note through regulations, including licenses.

36. The aggregate quantity of originating goods of Panama entered under subheading 9822.09.18 in any calendar year shall not exceed the quantity specified below for that year:

Year	Quantity(metric tons)	Year	Quantity(metric tons)
10/31/2012-12/31/2012	6,060	2017	6,360
2013	6,120	2018	6,420
2014	6,180	2019	6,480
2015	6,240	2020	6,540
2016	6,300	2021 and thereafter	6,600

The United States may administer the duty-free quantities established in this note through regulations, including licenses.

37. The quantities of goods of Panama under subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50, 1702.90.20 and 2106.90.46 that are entered under subheading 9822.09.17 or 9822.09.18 shall be determined on a raw-value equivalent basis. For purposes of this note, the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with the regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (i) for the entry of such articles pending a final determination of polarity; and (ii) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following manner:
- (a) For articles described in subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 and 2106.90.46, by multiplying the number of kilograms thereof by the greater of 0.93 or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion); and
- (b) For articles described in subheading 1702.90.20, by multiplying the number of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invest sugars) by 1.07.
38. For purposes of subheading 9822.09.20, the aggregate quantity of specialty sugars as provided for in additional U.S. note 5 to chapter 17 that are originating goods of Panama and entered under such subheading shall not exceed 500 metric tons in any year. The United States may administer the duty-free quantities established in this note through regulations, including licenses.
39. For a textile or apparel good provided for in chapters 61 through 63 of the tariff schedule that is not an originating good under general note 35 to the tariff schedule and for which the duty treatment set forth in heading 9822.09.61 is claimed, the rate of duty set forth in the general subcolumn of rate of duty column 1 shall apply only on the value of the assembled good minus the value of fabrics formed in the United States, components knit-to-shape in the United States and any other materials of U.S. origin used in the production of such a good, provided that the good is sewn or otherwise assembled in the territory of Panama from thread wholly formed in the United States, from fabrics wholly formed in the United States and cut in Panama or from components knit-to-shape in the United States, or both. For purposes of this note--
- (a) a fabric is wholly formed in the United States if all the production processes and finishing operations, starting with the weaving, knitting, needling, tufting, felting, entangling or other process, and ending with a fabric ready for cutting or assembly without further processing, took place in the United States; and
- (b) a thread is wholly formed in the United States if all the production processes, starting with the extrusion of filaments, strips, film or sheet, and including slitting a film or sheet into strip, or the spinning of all fibers into thread, or both, and ending with thread, took place in the United States.
40.
- (a) Heading 9822.09.62 shall apply to textile or apparel goods of Panama of chapters 50 through 63 and subheading 9404.90 of the tariff schedule that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 35(d)(ii) to the tariff schedule and that otherwise meet the requirements of such general note 35:
  - (1) velveteen fabrics classified in subheading 5801.23;
  - (2) corduroy fabrics classified in subheading 5801.22, containing 85 percent or more by weight of cotton and containing more than 7.5 wales per cm;
  - (3) fabrics of wool, classified in subheading 5111.11 or 5111.19, hand-woven, with a loom width of less than 76 cm, woven in the United Kingdom in accordance with the rules and regulations of the Harris Tweed Association, Ltd., and so certified by the Association;
  - (4) fabrics classified in subheading 5112.30, weighing not more than 340 g/m2, containing wool, not less than 20 percent by weight of fine animal hair and not less than 15 percent by weight of man-made staple fibers;
  - (5) batiste fabrics of polyester staple fibers, classified in subheading 5513.11 or 5513.21, of square construction, of single yarns exceeding 76 metric count, containing between 60 and 70 warp ends and filling picks per cm2, of a weight not exceeding 110 g/m2;
  - (6) fabrics of cotton, classified in subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52 or 5208.59, of average yarn number exceeding 135 metric;
  - (7) fabrics of polyester staple fibers, classified in subheading 5513.11 or 5513.21, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 metric;
  - (8) fabrics classified in subheading 5210.21 or 5210.31, of cotton, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 metric;
  - (9) fabrics classified in subheading 5208.22 or 5208.32, of cotton, not of square construction, containing more than 75 warp ends and filling picks per cm2, of average yarn number exceeding 65 metric;
  - (10) fabrics of synthetic filament yarn, classified in subheading 5407.81, 5407.82 or 5407.83, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment;
  - (11) fabrics classified in subheading 5208.42 or 5208.49, of cotton, not of square construction, containing more than 85 warp ends and filling picks per cm2, of average yarn number exceeding 85 metric;
  - (12) fabrics classified in subheading 5208.51, of cotton, of square construction, containing more than 75 warp ends and filling picks per cm2, made with single yarns, of average yarn number equal to or exceeding 95 metric;
  - (13) fabrics classified in subheading 5208.41, of cotton, of square construction, with a gingham pattern, containing more than 85 warp ends and filling picks per cm2, made with single yarns, of average yarn number equal to or exceeding 95 metric and characterized by a check effect produced by the variation in color of the yarns in the warp and filling;
  - (14) fabrics classified in subheading 5208.41, of cotton, with the warp colored with vegetable dyes and the filling yarns white or colored with vegetable dyes, of average yarn number exceeding 65 metric;
  - (15) circular knit fabric, wholly of cotton yarns, exceeding 100 metric number per single yarn, classified in tariff item 6006.21.10, 6006.22.10, 6006.23.10 or 6006.24.10;
  - (16) 100 percent polyester crushed panné velour fabric of circular knit construction, not over 271 g/m2, classified in tariff item 6001.92.00;
  - (17) viscose rayon yarns classified in subheading 5403.31 or 5403.32;
  - (18) yarns of combed cashmere, combed cashmere blends or combed camel hair classified in tariff item 5108.20.60;
  - (19) two elastomeric fabrics used in waistbands, classified in tariff item 5903.90.25, comprising (1) a knitted outer-fusible fabric with a fold line knitted into the fabric, having a 45 mm wide base substrate, knitted in narrow width, containing by weight 49 percent polyester, 43 percent elastomeric filament and 8 percent nylon with a weight of approximately 124.7 g (4.4 ounces) per hundred linear yards of conditioned and relaxed fabric, a 110/110 stretch, and a dull yarn, stretch elastomeric material with an adhesive (thermoplastic resin) coating; such 45-mm width divided as follows: 34-mm solid, followed by a 3-mm seam allowing it to fold over, followed by 8 mm of solid; and (2) a knitted inner-fusible fabric with an adhesive (thermoplastic resin) coating applied after going through a finishing process to remove all shrinkage from the product; such fabric a 40-mm synthetic fiber based, stretch elastomeric fusible consisting of 80 percent nylon type 6 and 20 percent elastomeric filament with a weight of approximately 124.7 (4.4 ounces) per hundred linear yards of conditioned and relaxed fabric, a 110/110 stretch, and a dull yarn;
  - (20) fabrics classified in subheading 5210.21 or 5210.31, of cotton, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric;
  - (21) fabrics classified in subheading 5208.22 or 5208.32, of cotton, not of square construction, containing more than 75 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric;
  - (22) fabrics of synthetic filament yarn classified in subheading 5407.81, 5407.82, or 5407.83, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment of average yarn number exceeding 135 metric;
  - (23) cuprammonium rayon filament yarn classified in subheading 5403.39;
  - (24) fabrics classified in subheading 5208.42 or 5208.49, of cotton, not of square construction, containing more than 85 warp ends and filling picks per cm2, either of average yarn number exceeding 85 metric or, if Oxford construction, of average yarn number exceeding 135 metric;
  - (25) single ring-spun yarns of artificial staple fibers, of yarn numbers 51 and 85 metric, containing 50 percent or more but less than 85 percent by weight of 1 decitex (0.9 denier) or finer micro modal fiber, mixed solely with U.S.-origin extra long pima cotton, such yarns classified in subheading 5510.30;
  - (26) tow of viscose rayon classified in heading 5502;
  - (27) 100 percent cotton woven flannel fabrics, classified in tariff item 5208.43.00, the foregoing of single ring-spun yarns of different colors, of yarn numbers 21 through 36 metric, of 2 x 2 twill weave construction, weighing not more than 200 g/m2;
  - (28) fabrics classified in the following tariff items, the foregoing of average yarn number exceeding 93 metric: 5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50, 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, 5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, 5210.29.80, 5210.31.80, 5210.39.80, 5210.41.80, 5210.49.80, 5210.51.80 or 5210.59.80;
  - (29) yarns of carded cashmere or of carded camel hair, classified in tariff item 5108.10.60, used to produce woven fabrics classified in subheading 5111.11 or 5111.19;
  - (30) acid-dyeable acrylic tow classified in subheading 5501.30, for production of yarns classified in subheading 5509.31;
  - (31) untextured flat yarns of nylon classified in tariff item 5402.41.90, either (1) of nylon, 7 denier/5 filament nylon 66 untextured (flat) semi-dull yarn, multifilament, untwisted or with a twist not exceeding 50 turns/m; (2) of nylon, 10 denier/7 filament nylon 66 untextured (flat) semi-dull yarn, multifilament, untwisted or with a twist not exceeding 50 turns/m; or (3) of nylon, 12 denier/5 filament nylon 66 untextured (flat) semi-dull yarn; multifilament, untwisted or with a twist not exceeding 50 turns/m;
  - (32) woven fabric classified in tariff item 5515.13.10, of polyester staple fibers mixed with combed wool, containing less than 36 percent by weight of wool;
  - (33) knitted fabric containing by weight 85 percent spun silk and 15 percent wool, weighing 210 g/m2, classified in tariff item 6006.90.10;
  - (34) woven fabrics classified in subheading 5512.99, containing 100 percent by weight of synthetic staple fibers, not of square construction, of average yarn number exceeding 55 metric;
  - (35) woven fabrics classified in subheadings 5512.21 or 5512.29, containing 100 percent by weight of acrylic fibers, of average yarn number exceeding 55 metric;
  - (36) rayon filament sewing thread, classified in subheading 5401.20;
  - (37) poplin or broadcloth, ring spun, woven fabric containing by weight 97 percent cotton and 3 percent Lycra©, of number 42 or lower number, classified in tariff item 5208.32.30;
  - (38) tri-blend woven fabric (except blue denim or jacquard weave) of yarns of different colors, containing by weight 74 percent of polyester, 22 percent of nylon and 4 percent of spandex by weight, classified in tariff item 5512.99.00;
  - (39) two-way stretch woven fabric (except blue denim, jacquard weave, poplin, broadcloth, sheeting, printcloth, cheesecloth, lawns, voiles, batistes, duck, satin weave, twill weave or Oxford cloth) containing by weight 62 percent polyester, 32 percent rayon and 6 percent spandex, other than of yarns of different colors, classified in tariff item 5515.19.00;
  - (40) two-way stretch woven fabric (except blue denim, jacquard weave, poplin, broadcloth, sheeting, printcloth, cheesecloth, lawns, voiles, batistes, duck, satin weave, twill weave or Oxford cloth) containing by weight 71 percent polyester, 23 percent rayon and 6 percent spandex, other than of yarns of different colors, classified in tariff item 5515.19.00;
  - (41) dyed rayon blend herringbone twill fabric, containing 70 percent rayon and 30 percent polyester by weight, weighing more than 200 g/m2, classified in subheading 5516.92;
  - (42) printed 100 percent rayon herringbone fabric, weighing more than 200 g/m2, classified in subheading 5516.14;
  - (43) Leaver's lace classified in subheading 5804.21 or 5804.29;
  - (44) any other fabric, yarn or fiber that the Committee for Implementation of Textile Agreements (CITA) determines in a notice published in the Federal Register pursuant to Public Law 112-43 is not available in commercial quantities in a timely manner in the territory of Panama or of the United States, subject to any quantitative limitations that CITA may establish for the fabric, yarn or fiber.
- (b) The United States Trade Representative may modify the enumeration of designated fabrics, yarns and fibers set forth in this note to reflect CITA determinations described in subdivision (a), above, in a notice published in the Federal Register.
41. Heading 9822.09.63 shall apply to dresses of heading 6204 and shirts and blouses of heading 6205, 6206 or 6211(whether or not such goods are originating goods under the terms of general note 35 to the tariff schedule) containing the following:
- (a) short or long sleeves;
- (b) a center front placket with button closure that runs the full length of the good;
- (c) a collar and yoke;
- (d) either pleats or embroidery that run the full length of the good on both sides of the center front placket from the yoke to the hem with a decorative button where the pleats or embroidery meet the yoke;
- (e) corresponding pleats or embroidery that run the full length of the good on both sides of the back from the yoke to the hem with a decorative button where the pleats or embroidery meet the yoke;
- (f) four pockets with buttons on the front of the good;
- (g) a straight hem; and
- (h) side vents or slits with a button closure,
provided that the good is both cut and sewn or otherwise assembled in the territory of the United States or Panama.
42. Heading 9822.09.65 shall apply to babies' socks and booties classified in subheadings 6111.20.60, 6111.30.50 or 6111.90.50 and to socks classified in subheadings 6115.91 through 6115.99, inclusive (whether or not any of the foregoing goods are originating goods under the terms of general note 35 to the tariff schedule), provided that the good is sewn or otherwise assembled in Panama with thread wholly formed and finished in the United States from components knit-to-shape in the United States from yarns wholly formed and finished in the United States.
43. The tariff treatment provided for in heading 9822.09.70 is limited to goods that have been mutually agreed by Panama and by the United States and determined by the Committee for Implementation of Textile Agreements (CITA) to fall within the following provisions:
- (a) hand-loomed fabrics of a cottage industry;
- (b) hand-made cottage industry goods made of such hand-loomed fabrics;
- (c) traditional folklore handicraft goods; or
- (d) textile or apparel goods that substantially incorporate one or more molas;
provided that goods entered under such heading have been certified as eligible products by the competent authority of Panama, in accordance with any requirements established by CITA.

SUBCHAPTER XXIII

PROVISIONS ESTABLISHED PURSUANT TO THE UNITED STATES-MEXICO-CANADA AGREEMENT

This subchapter contains modifications of the provisions of the tariff schedule established pursuant to the provisions of the United States-Mexico-Canada Agreement. Goods entered under this subchapter and described in the provisions of this subchapter for which a rate of duty followed by a symbol in parentheses is herein provided, are subject to duty at the rate provided in this subchapter in lieu of the rate therefore in chapters 1 through 97. Any use of the term "Year 1" shall mean the time period July 1, 2020 and December 31, 2020, inclusive, and the term "EIF" shall mean July 1, 2020.

U.S. Notes

1. Fluid cream, sour cream, ice cream, and milk beverages.--This note and subheadings 9823.01.01 through 9823.01.07, inclusive, apply to originating goods of the USMCA countries eligible for special tariff treatment under the terms of general note 11 to the tariff schedule, and provided for in subheadings 0401.40.25, 0401.50.25, 0403.90.16, 2105.00.20, or 2202.99.28. From July 1, 2020, in 2021 and in successive years thereafter, the rate of duty provided for in subheadings 9823.01.01 through 9823.01.07 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to originating goods of such countries in lieu of the duty rate set forth in the special column in the permanent subheadings enumerated above.

(a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.01.01.

(b)

Goods of Canada that qualify to be marked as a good of Canada pursuant to U.S. law, without regard to whether the good is marked, shall be entered under 9823.01.02 through 9823.01.07.

(1) The aggregate quantity of originating goods of Canada entered under subheading 9823.01.02 in any period or calendar year enumerated below shall not exceed the quantity specified below for that time period:

		Year	Quantity

			(Liters)
Year 1	875,000	Year 7	10,605,000	Year 13	11,257,421
Year 2	3,500,000	Year 8	10,711,050	Year 14	11,369,995
Year 3	5,250,000	Year 9	10,818,161	Year 15	11,483,695
Year 4	7,000,000	Year 10	10,926,342	Year 16	11,598,532
Year 5	8,750,000	Year 11	11,035,606	Year 17	11,714,518
Year 6	10,500,000	Year 12	11,145,962	Year 18	11,831.663

Beginning in year 19 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 11,949,979 liters.

(2) If the aggregate quantity of originating goods of Canada entered under subheading 9823.01.02 has exceeded the quantity specified in subdivision (b)(1) of this note for such year, originating goods of Canada shall be entered under subheadings 9823.01.03 through 9823.01.07.

2. Skim milk powder.--This note and subheadings 9823.02.01 through 9823.02.04 are effective as to originating goods of the USMCA countries effective eligible for special tariff treatment under the terms of general note 11 to the tariff schedule classified in the permanent subheadings of 0402.10.50 or 0402.21.25. During the period July 1, 2020 through December 31, 2020, inclusive, in 2021 and in successive years thereafter, the rate of duty provided for in subheadings 9823.02.01 through 9823.02.04 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rate set forth in the special subcolumn in the permanent subheadings enumerated above.

(a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.02.01.

(b) Goods of Canada that qualify to be marked as a good of Canada pursuant to U.S. law, without regard as to whether the good is marked shall be eligible for USMCA tariff treatment only under subheadings 9823.02.02 through 9823.02.04.

1. The aggregate quantity of originating goods of Canada entered under subheading 9823.02.02 in any period or calendar year enumerated below shall not exceed the quantity specified below for that period:

		Year	Quantity
			(MT)
Year 1	625	Year 7	7,575	Year 13	8,041.015
Year 2	2,500	Year 8	7,650.75	Year 14	8,121.425
Year 3	3,750	Year 9	7,727.258	Year 15	8,202.64
Year 4	5,000	Year 10	7,804.53	Year 16	8,284.666
Year 5	6,250	Year 11	7,882.575	Year 17	8,367.513
Year 6	7,500	Year 12	7,961.401	Year 18	8,451.188

Beginning in year 19 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 8,535.7 metric tons.

2. If the aggregate quantity of originating goods of Canada entered under subheading 9823.02.02 has exceeded the quantity specified in subdivision (b)(1) of this note for such period or year, originating goods of Canada shall be entered under subheadings 9823.02.03 through 9823.02.04.

3. Butter, cream and cream powder.--This note and subheadings 9823.03.01 through 9823.03.11 are effective as to originating goods of the USMCA countries eligible for special tariff treatment under the terms of general note 11 to the tariff schedule classified in the permanent subheadings of 0401.50.75, 0402.21.90, 0403.90.65, 0403.90.78, 0405.10.20, 0405.20.30, 0405.20.70, 0405.90.20, 2106.90.26 or 2106.90. 36. From July 1, 2020 through December 31, 2020, in 2021 and in successive years thereafter, the rate of duty provided for in subheadings 9823.03.01 through 9823.03.11 in the "Special" column of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rate set forth in the special subcolumn in the permanent subheadings enumerated above.

(a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.03.01.

(b) Goods of Canada that qualify to be marked as a good of Canada pursuant to U.S. law, without regard as to whether the good is marked, shall be eligible for USMCA tariff treatment only under subheadings 9823.03.02 through 9823.03.11.

(1) The aggregate quantity of originating goods of Canada entered under subheading 9823.03.02 in any calendar year shall not exceed the quantity specified below for that time period:

		Year	Quantity
			(Metric Tons)
Year 1	750	Year 7	4,545	Year 13	4,824.609
Year 2	1,500	Year 8	4,590.45	Year 14	4,872.855
Year 3	2,250	Year 9	4,636.355	Year 15	4,921.584
Year 4	3,000	Year 10	4,682.718	Year 16	4,970.8
Year 5	3,750	Year 11	4,729.545	Year 17	5,020.508
Year 6	4,500	Year 12	4,776.841	Year 18	5,070.713

Beginning in year 19 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 5,121.42 metric tons.

(2) If the aggregate quantity of originating goods of Canada entered under subheading 9823.03.02 has exceeded the quantity specified in subdivision (b)(1) of this note for such period or year, originating goods of Canada shall be entered under subheadings 9823.03.03 through 9823.03.11.

4. Cheese.--This note and subheadings 9823.04.01 through 9823.04.54 are effective as to originating goods of the USMCA countries eligible for special tariff treatment under the terms of general note 11 to the tariff schedule provided for in permanent subheadings 0406.10.08, 0406.10.18, 0406.10.28, 0406.10.38, 0406.10.48, 0406.10.58, 0406.10.68, 0406.10.78, 0406.10.88, 0406.20.28, 0406.20.33, 0406.20.39, 0406.20.48, 0406.20.53, 0406.20.63, 0406.20.67, 0403.20.71, 0406.20.75, 0406.20.79, 0406.20.83, 0406.20.87, 0406.20.91, 0406.30.18, 0406.30.28, 0406.30.38, 0406.30.48, 0406.30.53, 0406.30.63, 0406.30.67, 0406.30.71, 0406.30.75, 0406.30.79, 0406.30.83, 0406.30.87, 0406.30.91, 0406.40.70, 0406.90.12, 0406.90.18, 0406.90.32, 0406.90.37, 0406.90.42, 0406.90.48, 0406.90.54, 0406.90.68, 0406.90.74, 0406.90.78, 0406.90.84, 0406.90.88, 0406.90.92, 0406.90.94, 0406.90.97 or 1901.90.36. From July 1, 2020 through December 31, 2020, in 2021 and in successive years thereafter, the rates of duty provided for in subheadings 9823.04.01 through 9823.04.55 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rates set forth in the special subcolumn in the permanent subheadings enumerated above.

(a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.04.01.
(b) Goods of Canada that qualify to be marked as a good of Canada pursuant to U.S. law, without regard to whether the good is marked shall be eligible for USMCA tariff treatment only under subheadings 9823.04.02 through 9823.04.54.
- 1. The aggregate quantity of originating goods of Canada entered under subheading 9823.04.02 in any calendar year shall not exceed the quantity specified below for that year:

		Year	Quantity
			(Metric Tons)
Year 1	1,041.5	Year 7	12,625	Year 13	13,401.69
Year 2	4,176	Year 8	12,751.25	Year 14	13,535.71
Year 3	6,250	Year 9	12,878.76	Year 15	13,671.07
Year 4	8,333	Year 10	13,007.55	Year 16	13,807.78
Year 5	10,416	Year 11	13,137.63	Year 17	13,945.85
Year 6	12,500	Year 12	13,269	Year 18	14,085.31

Beginning in year 19 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 14,226.17 metric tons.

2. If the aggregate quantity of originating goods of Canada entered under subheading 9823.04.02 has exceeded the quantity specified in subdivision (b)(1) of this note for such year, originating goods of Canada shall be entered under subheadings 9823.04.03 through 9823.04.54.

5. Whole milk powder.--This note and subheadings 9823.05.01 through 9823.05.04 are effective as to originating goods of the USMCA countries eligible for special tariff treatment under the terms of general note 11 to the tariff schedule classified in the permanent subheadings of 0402.21.50, 0402.29.50, 2309.90.28 or 2309.90.48. From July 1, 2020 through December 31, 2020, in 2021 and in successive years thereafter, the rates of duty provided for in subheadings 9823.05.01 through 9823.05.06 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rates set forth in the special subcolumn in the permanent subheadings enumerated above.

(a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.05.01.

(b) Goods of Canada that qualify to be marked as a good of Canada pursuant to U.S. law, without regard to whether the good is marked shall be eligible for USMCA tariff treatment only under subheadings 9823.05.02 through 9823.05.06.

(1) The aggregate quantity of originating goods of Canada entered under subheading 9823.05.02 in any calendar year shall not exceed the quantity specified below for that time period:

		Year	Quantity
			(Metric Tons)
Year 1	57.5	Year 7	696.9	Year 13	739.7734
Year 2	230	Year 8	703.869	Year 14	747.1711
Year 3	345	Year 9	710.9077	Year 15	754.6428
Year 4	460	Year 10	718.0168	Year 16	762.1893
Year 5	575	Year 11	725.1969	Year 17	769.8112
Year 6	690	Year 12	732.4489	Year 18	777.5093

Beginning in year 19 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 785.2844 metric tons.

(2) If the aggregate quantity of originating goods of Canada entered under subheading 9823.05.02 has exceeded the quantity specified in subdivision 2(B)(1) for such year, originating goods of Canada shall be entered under subheadings 9823.05.03 through 9823.05.06.

6. Dried yogurt, sour cream, whey and products of milk constituency.--This note and subheadings 9823.06.01 through 9823.06.09 are effective as to originating goods of the countries eligible for special tariff treatment under the terms of general note 11 to the tariff schedule classified in the permanent subheadings of 0403.20.50, 0403.90.45, 0403.90.55, 0403.90.95, 0404.10.15, 0404.10.90 or 0404.90.50. From July 1, 2020, in 2021 and in successive years thereafter, the rates of duty provided for in subheadings 9823.06.01 through 9823.06.09 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rates set forth in the special subcolumn in the permanent subheadings enumerated above.

(a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.06.01.

(1) The aggregate quantity of originating goods of Canada entered under subheading 9823.06.02 in any period or calendar year shall not exceed the quantity specified below for that year:

		Year	Quantity
			(MT)
Year 1	919	Year 7	11,140.3	Year 13	11,825.65
Year 2	3,677	Year 8	11,251.7	Year 14	11,943.91
Year 3	5,515	Year 9	11,364.22	Year 15	12,063.35
Year 4	7,353	Year 10	11,477.86	Year 16	12,183.98
Year 5	9,192	Year 11	11,592.64	Year 17	12,305.82
Year 6	11,030	Year 12	11,708.57	Year 18	12,428.88

Beginning in year 19 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 12,553.17 metric tons.

(2) If the aggregate quantity of originating goods of Canada entered under subheading 9823.06.02 has exceeded the quantity specified in subdivision (b)(1) for such year, originating goods of Canada shall be entered under subheadings 9823.06.03 through 9823.06.09.

7. Concentrated Milk.--This note and subheadings 9823.07.01 through 9823.07.07 are effective as to originating goods of the USMCA countries eligible for special tariff treatment under the terms of general note 11 to the tariff schedule classified in the permanent subheadings of 0402.91.70, 0402.91.90, 0402.99.45, 0402.99.55, or 0402.99.90. From July 1, 2020, in 2021 and in successive years thereafter, the rates of duty provided for in subheadings 9823.07.01 through 9823.07.07 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rates set forth in the special subcolumn in the permanent subheadings enumerated above.

(a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.07.01.

(1) The aggregate quantity of originating goods of Canada entered under subheading 9823.07.02 in any period or calendar year shall not exceed the quantity specified below for that year:

		Year	Quantity
			(MT)
Year 1	115	Year 7	1,393.8	Year 13	1,479.547
Year 2	460	Year 8	1,407.738	Year 14	1,494.342
Year 3	690	Year 9	1,421.815	Year 15	1,509.286
Year 4	920	Year 10	1,436.034	Year 16	1,524.379
Year 5	1,150	Year 11	1,450.394	Year 17	1,539.622
Year 6	1,380	Year 12	1,464.898	Year 18	1,555.019

Beginning in year 19 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 1,570.569 metric tons.

(2) If the aggregate quantity of originating goods of Canada entered under subheading 9823.07.02 has exceeded the quantity specified in note 7(b)(1) for such year, originating goods of Canada shall be entered under subheadings 9823.07.03 through 9823.07.07.

8. Other dairy products.--This note and subheadings 9823.08.01 through 9823.08.38 are effective as to originating goods of the USMCA countries eligible for special tariff treatment under the terms of general note 11 to the tariff schedule classified in the permanent subheadings of 1517.90.60, 1704.90.58, 1806.20.26, 1806.20.28, 1806.20.36, 1806.20.38, 1806.20.82, 1806.20.83, 1806.20.87, 1806.20.89, 1806.32.06, 1806.32.08, 1806.32.16, 1806.32.18, 1806.32.70, 1806.32.80, 1806.90.08, 1806.90.10, 1806.90.18, 1806.90.20, 1806.90.28, 1806.90.30, 1901.10.16, 1901.10.26, 1901.10.36, 1901.10.44, 1901.10.56, 1901.10.66, 1901.20.15, 1901.20.50, 1901.90.62, 1901.90.65, 2105.00.40, 2106.90.09, 2106.90.66 or 2106.90.87. From July 1, 2020, in 2021 and in successive years thereafter, the rates of duty provided for in subheadings 9823.08.01 through 9823.08.38 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rates set forth in the special subcolumn in the permanent subheadings enumerated above.

(a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.08.01.

(1) The aggregate of originating goods of Canada entered under subheading 9823.08.02 from July 1, 2020 through December 31, 2020, in 2021, and any period or calendar year shall not exceed the quantity specified below for that time period:

		Year	Quantity
			(MT)
Year 1	158.5	Year 7	1,919	Year 13	2,037.057
Year 2	633	Year 8	1,938.19	Year 14	2,057.428
Year 3	950	Year 9	1,957.572	Year 15	2,078.002
Year 4	1,267	Year 10	1,977.148	Year 16	2,098.782
Year 5	1,583	Year 11	1,996.919	Year 17	2119.77
Year 6	1,900	Year 12	2,016.888	Year 18	2,140.968

Beginning in year 19 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 2,162.377 metric tons.

(2) If the aggregate quantity of originating goods of Canada entered under subheading 9823.08.02 has exceeded the quantity specified in subdivision (b)(1) of this note for such year, originating goods of Canada shall be entered under subheadings 9823.08.03 through 9823.08.38.

9. Sugar. --This note and subheadings 9823.09.01 through 9823.09.09 are effective as to originating goods of the USMCA countries eligible for special tariff treatment under the terms of general note 11, except as provided in subparagraph (b)(3) to the tariff schedule classified in the permanent subheadings of 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 or 1702.90.20. From July 1, 2020 through December 31, 2020, in 2021 and in successive years thereafter, the rates of duty provided for in subheadings 9823.09.01 through 9823.09.09 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rates set forth in the special subcolumn in the permanent subheadings enumerated above.
- (a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.09.01.
- (b) Goods of Canada that qualify to be marked as a good of Canada pursuant to U.S. law, without regard to whether the good is marked shall be eligible for USMCA tariff treatment only under subheadings 9823.09.02 through 9823.09.09.
  - (1) The aggregate quantity of originating goods of Canada entered under subheading 9823.09.02 from July 1, 2020 through December 31, 2020 shall not exceed the quantity of 4,800 metric tons. Beginning in 2021 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 9,600 metric tons. Only originating goods of Canada that are wholly obtained from sugar beets produced in Canada may enter under subheading 9823.09.02.
  - (2) If the aggregate quantity of originating goods of Canada entered under subheading 9823.09.02 has exceeded the quantity specified in note 9(B)(1) for such year or if the originating good of Canada is not wholly obtained from sugar beets produced in Canada, such originating goods of Canada shall be entered under subheadings 9823.09.03 through 9823.09.08.
  - (3) An additional quantity of goods of Canada shall be allowed entry under subheading 9823.09.09 in any calendar year in which the United States Secretary of Agriculture makes a determination to permit importation into the United States at in-quota tariff rates of additional quantities of refined sugar, other than specialty sugar, above the quantities made available at those rates pursuant to its commitments under the WTO Agreement and other trade agreements. The Office of the United States Trade Representative shall publish in the Federal Register a determination of this additional quantity for that year. Goods may not be entered under subheading 9823.09.09 in any calendar year before the date indicated in such Federal Register Notice. Goods entered under subheading 9823.09.09 may be made from nonoriginating raw sugar but shall meet other applicable conditions for preferential tariff treatment under general note 11 to this tariff schedule.
10. Sugar containing products.-- This note and subheadings 9823.10.01 through 9823.10.45 are effective as to originating goods of the USMCA countries eligible for special tariff treatment under the terms of general note 11 to the tariff schedule provided for in subheadings 1701.91.48, 1701.91.58, 1702.20.28, 1702.30.28, 1701.40.28, 1702.60.28, 1702.90.58, 1702.90.68, 1704.90.68, 1704.90.78, 1806.10.15, 1806.10.28, 1806.10.38, 1806.10.55, 1806.10.75, 1806.20.73, 1806.20.77, 1806.20.94, 1806.20.98, 1806.90.39, 1806.90.49, 1806.90.59, 1901.10.76, 1901.20.25, 1901.20.35, 1901.20.60, 1901.20.70, 1901.90.68, 1901.90.71, 2101.12.38, 2101.12.48, 2101.12.58, 2101.20.38, 2101.20.48, 2101.20.58, 2103.90.78, 2106.90.46, 2106.90.72, 2106.90.76, 2106.90.80, 2106.90.91, 2106.90.94, 2106.90.97 or 3006.93.20, except as provided in subparagraph (b)(3). From July 1, 2020, through December 31, 2020, in 2021 and in successive years thereafter, the rates of duty provided for in subheadings 9823.10.01 through 9823.10.45 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(S+)" shall apply to goods of such countries in lieu of the duty rates set forth in the special subcolumn in the permanent subheadings enumerated above.
- (a) Goods of Mexico that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked, and goods of the United States shall be eligible for USMCA tariff treatment only under subheading 9823.10.01.
- (b) Goods of Canada that qualify to be marked as a good of Canada pursuant to U.S. law, without regard to whether the good is marked shall be eligible for USMCA tariff treatment only under subheadings 9823.10.02 through 9823.10.45.
  - (1) The aggregate quantity of originating goods of Canada entered under subheading 9823.10.02 from July 1, 2020 through December 31, 2020 shall not exceed the quantity of 4,800 metric tons. Beginning in 2021 and each year following, the quantitative limitations to originating goods of Canada set forth in this note shall be 9,600 metric tons. In any year for which the U.S. Trade Representative has published in the Federal Register a determination that export certificates shall be required, entry under subheading 9823.10.02 shall be eligible if the U.S. importer makes a declaration to U.S. Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the Government of Canada is in effect for such goods.
  - (2) If the aggregate quantity of originating goods of Canada entered under subheading 9823.10.02 has exceeded the quantity specified in note 10(B)(1) for such year or if other limitations set forth in note 10(B)(1) are not met, such originating goods of Canada shall be entered under subheadings 9823.10.03 through 9823.10.45.
  - (3) For purposes of entry under subheading 9823.10.02, subject to the quantitative limitations set forth in subparagraph (1), this paragraph, goods that are provided for in 1701.91.48, 1701.91.58, 1702.20.28, 1702.30.28, 1702.40.28, 1702.60.28, 1702.90.58, 1702.90.68, 1806.10.15, 1806.10.28, and 1806.10.38 may be made from sugar refined in Canada. For purposes of this subparagraph, sugar refined in Canada means a change to a good of subheading 1701.91 or 1701.99 from any other subheading.
  - (4) Originating goods that last underwent production in Canada shall be eligible for entry under subheading 9823.10.02 regardless of whether they qualify to be marked as a good of Canada pursuant to U.S. law.
11. This note and subheadings 9823.52.01 through 9823.53.06, inclusive, apply to certain textile and apparel goods of Mexico and Canada that are not originating goods under the terms of general note 11 to the tariff schedule, however, that are eligible for special tariff treatment as provided for herein. From July1, 2020 through December 31, 2020, in 2021 and in successive years thereafter, the rate of duty provided for in subheadings 9823.52.01 through 9823.53.06 in the "Special" subcolumn of rates of duty 1 followed by the symbol "(S+)" shall apply to certain textile and apparel goods of Mexico and Canada as defined by this note in lieu of the duty rate set forth in the general subcolumn in the permanent subheadings enumerated below. The merchandise processing fee shall not apply to goods properly entered under this note and subheadings.
For purposes of this note, the term "SME" means square meter equivalent as determined in accordance with the conversion factors set out in Annex 6-B of Chapter 6 of the USMCA.

For purposes of this note, the term "average yarn number" as applied to woven fabric of cotton or manmade fibers shall have the meaning provided in Annex 6-A of Chapter 6 of the USMCA.
For purposes of this note, wool apparel shall have the meaning provided in Annex 6-A of Chapter 6 of the USMCA.
- (a) The rate of duty in the rates of duty 1-special subcolumn of column 1 followed by the symbol "S+" in parentheses in subheadings 9823.52.01 through 9823.52.08 shall apply to specified goods imported from Canada as described in a provision of this subdivision and this subchapter and that qualify to be marked as a good of Canada pursuant to U.S. law, without regard to whether the good is marked.
  - (i) Subheading 9823.52.01 through 9823.52.03 shall apply to apparel goods provided for in chapters 61 and 62 and textile or apparel goods, other than of wadding, of heading 96.19 that are both cut (or knit to shape) and sewn or otherwise assembled in Canada from fabric or yarn produced or obtained outside the territory of any one of the USMCA countries, when such apparel goods meet other applicable conditions for preferential tariff treatment under general note 11 to the tariff schedule.
    - (A) Subheading 9823.52.01 and the rate of duty in the rates of duty 1-special subcolumn of column 1 followed by the symbol "S+" in parentheses shall apply to apparel of cotton or man-made fiber when entered in an aggregate quantity not to exceed 40,000,000 SME during the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
    - (B) Subheading 9823.52.02 and the rate of duty in the rates of duty 1-special subcolumn of column 1 followed by the symbol "S+" shall apply to apparel of wool when entered in an aggregate quantity not to exceed 4,000,000 SME during the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
      (l) Subheading 9823.52.03 and the rate of duty in the "special" subcolumn of column 1 followed by the symbol "S+" in parentheses shall apply to men's or boys' wool suits of U.S. category 443 in an aggregate quantity not to exceed 3,800,000 SME during the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
  - (ii) Subheadings 9823.52.04 and the rate of duty in the rates of duty 1-special subcolumn of column 1 followed by the symbol "S+" in parentheses shall apply to fabrics of cotton or of man-made fibers and to made-up textile goods of cotton or of man-made fibers, the foregoing of chapters 52 through 55 (excluding goods containing 36% or more by weight of wool or fine animal hair), 58, 60 and 63 of the tariff schedule and provided for in subparagraph (A) to this subsection, when entered under such subheading in an aggregate quantity up to 71,765,252 SME for the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
    - (A) 9823.52.05 and the rate of duty in the rates of duty 1-special subcolumn of column 1 followed by the symbol "S+" shall apply to goods of chapters 52 through 55 (excluding goods containing 36% or more by weight of wool or fine animal hair), 58, or 63 (other than subheading 6302.10, 6302.40, 6303.12, 6303.19, 6304.11 or 6304.91) of the tariff schedule entered either in an aggregate quantity not to exceed 38,642,828 SME during the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
    - (B) 9823.52.06 and the rate of duty in the rates of duty 1-special subcolumn of column 1 followed by the symbol "S+" shall apply to goods of chapter 60 or of subheadings 6302.10, 6302.40, 6303.12, 6303.19, 6304.11 or 6304.91 of the tariff schedule entered in an aggregate quantity not to exceed 38,642,828 SME during the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
    - (C) For subheadings 9823.52.04, 9823.52.05 and 9823.52.06 such cotton or man-made fiber fabrics and cotton or man-made fiber made-up textile goods must be woven or knitted or crocheted in the territory of Canada from yarns produced or obtained outside the territory of any of the USMCA countries, or yarns produced in the territory of one of the USMCA countries from fibers produced or obtained outside the territory of one of the USMCA countries, or knitted or crocheted in the territory of Canada from yarns spun in the territory of one of the USMCA countries from fibers produced or obtained outside the territory of one of the USMCA countries, and to goods of subheading 9404.90 that are finished and are cut and sewn or otherwise assembled from fabrics of subheadings 5208.11 through 5208.29, 5209.11 through 5209.29, 5210.11 through 5210.29, 5211.11 through 5211.20, 5212.11, 5212.12, 5212.21, 5212.22, 5407.41, 5407.51, 5407.71, 5407.81, 5407.91, 5408.21, 5408.31, 5512.11, 5512.21, 5512.91, 5513.11 through 5513.19, 5514.11 through 5514.19, 5516.11, 5516.21, 5516.31, 5516.41 or 5516.91 produced or obtained outside the territory of one of the USMCA countries and that meet other applicable conditions for preferential tariff treatment under general note 11 to this tariff schedule.
    - (D) For the calculation of the SME aggregate quantity limitation applicable to subheading 9823.52.04, 9823.52.05 and 9823.52.06, the following additional provisions apply:
      
      (l) for textile goods that are not originating because certain nonoriginating textile materials do not undergo the applicable change in tariff classification set out in general note 11 for that good, but where such nonoriginating materials are 50 percent or less by weight of the materials of that good, only 50 percent of the SME shall apply for that good and
      
      (ll) for textiles that are not originating because certain nonoriginating textile materials do not undergo the applicable change in tariff classification set out in general note 11 for that good, but where such materials are more than 50 percent by weight of materials of that good, 100 percent of the SME shall apply for that good.
  - (iii) Subheadings 9823.52.07 and 9823.52.08 and the rates of duty in the rates of duty 1-special subcolumn of column 1 followed by the symbol "S+" shall apply to cotton or man-made fiber yarns of headings 5205 through 5207 or 5509 through 5511 that are spun in territory of Canada from fiber of heading 5201 through 5203 or 5501 through 5507 produced or obtained outside the territory of one of the USMCA countries or to goods of heading 5605 that are formed in Canada from fibers obtained outside the territories of one of the USMCA countries entered in an aggregate quantity not to exceed 6,000,000 kg during the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter, when such goods meet other applicable conditions for preferential tariff treatment under this Agreement.
    - (A) Subheading 9823.52.07 and the rate of duty in the rates of duty1-special subcolumn of column 1 followed by the symbol "S+" shall apply to yarns classified in heading 5509 or 5511 predominantly of acrylic by weight when entered in an aggregate annual quantity of 3,000,000 kg of the overall quantity of 6,000,000 kg during the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
    - (B) Subheading 9823.52.08 and the rate of duty in the rates of duty1-special subcolumn of column 1 followed by the symbol "S+" shall apply to yarns of 5205 through 5207, 5509 through 5511 or 5605 of the tariff schedule, other than yarns classified in headings 5509 or 5511 predominantly of acrylic by weight when entered in an aggregate annual quantity of 3,000,000 kg of the overall quantity of 6,000,000 kg during the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
- (b) The rate of duty in the "special" subcolumn of column 1 followed by the symbol "S+" in parentheses in subheadings 9823.53.01 through 9823.53.06 shall apply to goods of Mexico described in a provision of this subdivision and this subchapter and that qualify to be marked as a good of Mexico pursuant to U.S. law, without regard to whether the good is marked.
  - (i) Subheadings 9823.53.01 through 9823.53.02 shall apply to apparel goods provided for in chapters 61 and 62 and textile or apparel goods, other than of wadding, of heading 96.19 that are both cut (or knit to shape) and sewn or otherwise assembled in Mexico from fabric or yarn produced or obtained outside the territory of one of the USMCA countries and that meet other applicable conditions for preferential tariff treatment under general note 11 to this tariff schedule except as provided for in subparagraph (A).
    - (A)
      
      (I) blue denim provided for in subheading 5209.42 or 5211.42, U.S. statistical reporting number 5212.24.6020, 5514.30.3210 or 5514.30.3910;
      
      (II) fabric woven as plain weave where two or more warp ends are woven as one (oxford cloth) of average yarn number less than 135 metric number provided for in subheading 5208.19, 5208.29, 5208.39, 5208.49, 5208.59, 5210.19, 5210.29, 5210.39, 5210.49, 5210.59, 5512.11, 5512.19, 5513.13, 5513.23, 5513.39 or 5513.49;
      
      (III) apparel goods provided for in subheading 6107.11.00, 6107.12.00, 6109.10.00 or 6109.90.10, if composed chiefly of circular knit fabric having yarn number equal to or less than 100 metric number;
      
      (IV) apparel goods provided for in subheading 6108.21 or 6108.22 if composed chiefly of circular knit fabric having yarn number equal to or less than 100 metric number; or
      
      (IV) apparel goods provided for in subheading 6108.21 or 6108.22 if composed chiefly of circular knit fabric having yarn number equal to or less than 100 metric number; or
      
      (V) apparel goods described in statistical reporting numbers 6110.30.1010, 6110.30.1020, 6110.30.1510, 6110.30.1520, 6110.30.2010, 6110.30.2020, 6110.30.3010, 6110.30.3015, 6110.30.2020 or 6110.30.3025 or apparel goods of those provisions reported as parts of ensembles under statistical reporting numbers 6103.23.0030, 6103.23.0070, 6104.23.0022 or 6104.23.0040.
    - (B) Subheading 9823.53.01 and the rate of duty in the "special" subcolumn of column 1 followed by the symbol "S+" shall apply to apparel of cotton or man-made fiber up to the aggregate quantity of 45,000,000 SME for the period from July 1, 2020 through December 31, 2020 and in each calendar year thereafter.
    - (C) Subheading 9823.53.02 and the rate of duty in the "special" subcolumn of column 1 followed by the symbol "S+" shall apply to wool apparel up to he aggregate annual quantity of 1,500,000 SME for the period from July 1, 2020 through December 31, 2020 and in each calendar year thereafter.
  - (ii) Subheading 9823.53.03 and the rate of duty in the "special" subcolumn of column 1 followed by the symbol "S+" shall apply to cotton or man-made fiber fabric and cotton or man-made fiber made-up textile goods of chapters 52 through 55 (excluding goods containing 36% or more by weight of wool or fine animal hair), 58, 60 and 63 of the tariff schedule up to 22,800,000 SME for the period from July 1, 2020 through December 31, 2020 and in each calendar year thereafter.
    - (A) Subheading 9823.53.04 and the rate of duty in the "special" subcolumn of column 1 followed by the symbol "S+" shall apply to goods of chapters 52 through 55 (excluding goods containing 36% or more by weight of wool or fine animal hair) 58 or 63 (other than subheading 6302.10, 6302.40, 6303.12, 6303.19, 6304.11 or 6304.91) of the tariff schedule in the annual aggregate quantity not to exceed 4,800,000 SME for the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
    - (B) 9823.53.05 and the rates of duty in the "special" subcolumn of column 1 followed by the symbol "S+" shall apply to goods of chapter 60 or of subheadings 6302.10, 6302.40, 8303.12, 6303.19, 6304.11 or 6304.91 of the tariff schedule entered in an aggregate quantity not to exceed 18,000,000 SME for the period from July 1, 2020 through December 31, 2020, inclusive, and in each calendar year thereafter.
    - (C) Subheadings 9823.53.03 through 9823.53.05 shall apply to such cotton or man-made fiber fabric and cotton or man-made fiber made-up textile goods provided for in chapters 52 through 55 (excluding goods containing 36% or more by weight of wool or fine animal hair), 58, 60 and 63 are woven or knit in Mexico from yarn produced or obtained outside the territory of one of the USMCA countries or yarn produced in the territory of one of the USMCA countries from fiber produced or obtained outside the territory of one of the USMCA countries, or knit in the territory of Mexico from yarn spun in the territory of one of the USMCA countries from fiber produced or obtained outside the territory of one of the USMCA countries, and to goods of subheading 9404.90 that are finished and cut and sewn or otherwise assembled from fabrics of subheadings 5208.11 through 5208.29, 5209.11 through 5209.29, 5211.11 through 5211.20, 5212.11, 5212.12, 5212.21, 5212.22, 5407.41, 5407.51, 5407.71, 5407.81, 5407.91, 5408.21, 5408.31, 5512.11, 5512.21, 5512.91, 5513.11 through 5513.19, 5514.11 through 5514.19, 5516.11, 5516.21, 5516.31, 5516.41 or 5516.91 produced or obtained outside the territory of one of the USMCA countries and that meet the other applicable conditions for preferential tariff treatment under general note 11 to the tariff schedule.
  - (iii) Subheadings 9823.53.06 and the rate of duty in the "special" column of column 1 followed by the symbol "S+" shall apply to cotton or man-made fiber yarns of heading 52.05 through 52.07 or 55.09 through 55.11 that are spun in territory of Mexico from fiber of heading 5201 through 5203 or 5501 through 5507 produced or obtained outside the territory of one of the USMCA countries up to 700,000 kg for the period from July 1, 2020 through December 31, 2020 and in each calendar year thereafter and that meet other applicable conditions for preferential tariff treatment under this Agreement.