Sec. 3. Duty-free treatment for certain imports from Mongolia
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Subject to subsection (c), the President may 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 the article is wholly formed and cut, or its components are 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 as described in 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 section unless the President determines and certifies to Congress that— Mongolia meets each of the requirements set forth in— paragraphs (1), (2), and
(3)of section 104(a) of the African Growth and Opportunity Act ( 19 U.S.C. 3703(a) ); and subparagraphs
(A)through
(F)of section 113(a)(1) of such Act ( 19 U.S.C. 3722(a)(1) ); Mongolia has effectively enforced environmental laws, regulations, or other measures and fulfilled its obligations under international agreements relating to the environment, 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 described in 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 section are not being unlawfully transshipped into the United States. If the Commissioner determines pursuant to paragraph
(1)that textile and apparel articles described in that paragraph 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, without regard to whether title V of that Act ( 19 U.S.C. 2461 et seq. ) is in effect pursuant to section 505 of that Act ( 19 U.S.C. 2465 ). No duty-free treatment extended under this section shall remain in effect after December 31, 2029. In this section: The term cashmere means fine hair obtained from a cashmere goat (capra hircus laniger). 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.
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Sec. 3
Duty-free treatment for certain imports from Mongolia
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