Sec. 5. Western Hemisphere trade preference program
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Notwithstanding any other provision of law and subject to subsection (b), the President is authorized to provide duty-free treatment for any eligible article from any beneficiary Western Hemisphere country in accordance with the provisions of this section. The President is authorized to designate Western Hemisphere countries described in paragraph (8)(B) of section 9 of this Act as beneficiary Western Hemisphere countries for purposes of this section. The President may not designate a Western Hemisphere country as a beneficiary Western Hemisphere country under this section if such country— does not have a democratically elected government or a market economy; has nationalized, expropriated, or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association that is 50 percent or more beneficially owned by United States citizens; affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce, unless— the President receives satisfactory assurances that such preferential treatment will be eliminated or that action will be taken to assure that there will be no such significant adverse effect; and the President reports such assurances to Congress; is not a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens; or does not afford and enforce in law and practice internationally recognized worker rights for workers in the country.
Subject to paragraphs
(2)and (3), the duty-free treatment provided under this section shall apply to any article— that is the growth, product, or manufacture of a beneficiary Western Hemisphere country; and that is needed to support the critical infrastructure of the United States. The duty-free treatment provided under this section shall apply to any eligible article that is the growth, product, or manufacture of a beneficiary Western Hemisphere country if— such article is imported directly from such country into the customs territory of the United States; and the sum of— the cost or value of the materials produced in the beneficiary Western Hemisphere country or any two or more such countries that are members of the same association of countries, plus the direct costs of processing operations performed in such beneficiary Western Hemisphere country or such member countries, is not less than 35 percent of the appraised value of such article at the time it is entered. An article may not be treated as the growth, product, or manufacture of a beneficiary Western Hemisphere country by virtue of having merely undergone— simple combining or packaging operations; or mere dilution with water or another substance that does not materially alter the characteristics of the article. In this section, the terms entered and internationally recognized worker rights have the meanings given such terms in section 507 of the Trade Act of 1974 ( 19 U.S.C. 2467 ). No duty-free treatment provided under this section shall remain in effect after September 30, 2030.
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Sec. 5
Western Hemisphere trade preference program
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