Sec. 3. Duty-free treatment for certain imports from Mongolia
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Subject to the eligibility requirements in subsection (c), the President is authorized to provide duty-free treatment for any article described in subsection
(b)that is imported directly from Mongolia into the customs territory of the United States. An article is described in this subsection if— the article is the growth, product, or manufacture of Mongolia; the article is classified under chapter 51, 57, 60, 61, 62, 63, or 94 of the Harmonized Tariff Schedule of the United States; the article is an apparel or textile article made of fabrics or fibers containing not less than 23 percent by weight of cashmere; or the sum of the cost or value of cashmere components of the article is not less than 51 percent of the appraised value of the article at the time it is entered; in the case of an article that is a textile or apparel article, the yarn and fabric used to manufacture the article— are wholly produced in Mongolia; and are wholly formed and cut, or are components wholly knit-to-shape, in Mongolia; the sum of the cost or value of the materials produced in, and the direct costs of processing operations performed in, Mongolia or the customs territory of the United States is not less than 50 percent of the appraised value of the article at the time it is entered; and the President determines that the article is not import-sensitive, after receiving the advice of the United States International Trade Commission in accordance with section 503(e) of the Trade Act of 1974 ( 19 U.S.C. 2463(e) ). An article shall not be treated as the growth, product, or manufacture of Mongolia for purposes of paragraph (1)(A) by virtue of having merely undergone— simple combining or packaging operations; or mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. Duty-free treatment may not be provided under this Act unless the President determines and certifies to Congress that— Mongolia meets— each of the requirements described in paragraphs (1), (2), and
(3)of section 104(a) of the African Growth and Opportunity Act ( 19 U.S.C. 3703(a) ); and each of the criteria relating to the prevention of transshipment described in paragraphs
(1)and
(2)of section 113(a) of such Act ( 19 U.S.C. 3722(a) ); Mongolia has effectively enforced environmental laws, regulations, or other measures and fulfilled its international environmental obligations, including as such obligations relate to public health; and after taking into account the factors set forth in paragraphs
(1)through
(7)of subsection
(c)of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ), Mongolia meets the eligibility requirements of such section 502. Not later than January 1 of each year, the Commissioner of U.S. Customs and Border Protection shall verify that textile and apparel articles imported from Mongolia to which duty-free treatment is extended under this Act are not being unlawfully transshipped into the United States. If the Commissioner determines pursuant to paragraph
(1)that textile and apparel articles imported from Mongolia to which duty-free treatment is extended under this Act are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President and the appropriate congressional committees. The provisions of subsections
(d)and
(e)of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ) shall apply with respect to Mongolia to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act ( 19 U.S.C. 2461 et seq.). No duty-free treatment extended under this Act shall remain in effect after December 31, 2025. In this section: The term customs territory of the United States has the meaning given the term in General Note 2 of the Harmonized Tariff Schedule of the United States. The term cashmere means fine hair obtained from a cashmere goat (capra hircus laniger).
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Sec. 3
Duty-free treatment for certain imports from Mongolia
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