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Code · STATUTE-COMPILATIONS · AGOA Acceleration Act of 2004 · Sec. 7

Sec. 7. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT

1,529 words·~7 min read·/statute-compilations/comps-11591/sec-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 7 EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT **[**[19 U.S.C. 3701 note](/us/usc/t19/s3701)**]** ###
(a)Generalized System of Preferences ####
(1)Extension of program Section 506B of the Trade Act of 1974 (19 U.S.C. 2466b) is amended by striking “2008” and inserting “2015”. ####
(2)Inputs from former beneficiary countries Section 506A of the Trade Act of 1974 (19 U.S.C. 2466a) is amended— #####
(A)in subsection (b)(2)(B), by inserting “or former beneficiary sub-Saharan African countries” after “countries”; and #####
(B)in subsection (c)— ######
(i)by striking “ title, the terms ” and inserting > “title— > > > #### “(1) > > the terms” > ; and ######
(ii)by adding at the end the following: > > #### “(2) > > the term ‘**former beneficiary sub-Saharan African country**’ means a country that, after being designated as a beneficiary sub-Saharan African country under the African Growth and Opportunity Act, ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States.” > . ###
(b)Apparel Articles ####
(1)Section 112(b)(1) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(1)) is amended by striking “(including” and inserting “or both (including”. ####
(2)Section 112(b)(3) of the African Growth and Opportunity Act (19 U.S.C. 3721 (b)(3)) is amended— #####
(A)in the matter preceding subparagraph (A)— ######
(i)by striking “either in the United States or one or more beneficiary sub-Saharan African countries” each place it appears and inserting “in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both”; and ######
(ii)by striking “subject to the following:” and inserting “whether or not the apparel articles are also made from any of the fabrics, fabric components formed, or components knit-to-shape described in paragraph
(1)or
(2)(unless the apparel articles are made exclusively from any of the fabrics, fabric components formed, or components knit-to-shape described in paragraph
(1)or (2)), subject to the following:”; and #####
(B)by striking subparagraphs
(A)and
(B)and inserting the following: > > ##### “(A) Limitations on benefits > > > ###### “(i) In general > > Preferential treatment under this paragraph shall be extended in the 1-year period beginning October 1, 2003, and in each of the 11 succeeding 1-year periods, to imports of apparel articles in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available. > > > ###### “(ii) Applicable percentage > > For purposes of this subparagraph, the term ‘**applicable percentage**’ means— > > > ###### “(I) > > 4.747 percent for the 1-year period beginning October 1, 2003, increased in each of the 5 succeeding 1-year periods by equal increments, so that for the 1-year period beginning October 1, 2007, the applicable percentage does not exceed 7 percent; and > > > ###### “(II) > > for each succeeding 1-year period until September 30, 2015, not to exceed 7 percent. > > > ##### “(B) Special rule for lesser developed countries > > > ###### “(i) In general > > Preferential treatment under this paragraph shall be extended though September 30, 2007, for apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries, regardless of the country of origin of the fabric or the yarn used to make such articles, in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available. > > > ###### “(ii) Applicable percentage > > For purposes of the subparagraph, the term ‘**applicable percentage**’ means— > > > ###### “(I) > > 2.3571 percent for the 1-year period beginning October 1, 2003; > > > ###### “(II) > > 2.6428 percent for the 1-year period beginning October 1, 2004; > > > ###### “(III) > > 2.9285 percent for the 1-year period beginning October 1, 2005; and > > > ###### “(IV) > > 1.6071 percent for the 1-year period beginning October 1, 2006. > > > ###### “(iii) Lesser developed beneficiary sub-saharan african country > > For purposes of this subparagraph, the term ‘**lesser developed beneficiary sub-Saharan African country**’ means— > > > ###### “(I) > > a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as measured by the International Bank for Reconstruction and Development; > > > ###### “(II) > > Botswana; and > > > ###### “(III) > > Namibia.” > . ####
(3)Section 112(b)(5)(A) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(5)(A)) is amended to read as follows: > > ##### “(A) In general > > Apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries, 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 Annex 401 to the NAFTA.” > . ###
(c)Handloomed, Handmade, Folklore Articles and Ethnic Printed Fabrics Section 112(b)(6) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(6)) is amended to read as follows: > > #### “(6) Handloomed, handmade, folklore articles and ethnic printed fabrics > > > ##### “(A) In general > > A handloomed, handmade, folklore article or an ethnic printed fabric of a beneficiary sub-Saharan African country or countries that is certified as such by the competent authority of such beneficiary country or countries. For purposes of this section, the President, after consultation with the beneficiary sub-Saharan African country or countries concerned, shall determine which, if any, particular textile and apparel goods of the country (or countries) shall be treated as being handloomed, handmade, or folklore articles or an ethic printed fabric. > > > ##### “(B) Requirements for ethnic printed fabric > > Ethnic printed fabrics qualified under this paragraph are— > > > ###### “(i) > > fabrics 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 Harmonized Tariff Schedule of the United States; > > > ###### “(ii) > > of the type that contains designs, symbols, and other characteristics of African prints— > > > ###### “(I) > > normally produced for and sold on the indigenous African market; and > > > ###### “(II) > > 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) > > fabrics formed in the United States, from yarns formed in the United States, or from fabric formed in one or more beneficiary sub-Saharan African country from yarn originating in either the United States or one or more beneficiary sub-Saharan African countries.” > . ###
(d)Regional and U.S. Sources Section 112(b)(7) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(7)) is amended by inserting “or former beneficiary sub-Saharan African countries” after “and one or more beneficiary sub-Saharan African countries” each place it appears. ###
(e)Special Rules ####
(1)Certain components Section 112(d) of the African Growth and Opportunity Act (19 U.S.C. 3721(d)) is amended by adding at the end the following: > > #### “(3) Certain components > > An article otherwise eligible for preferential treatment under this section will not be ineligible for such treatment because the article contains— > > > ##### “(A) > > any collars or cuffs (cut or knit-to-shape), > > > ##### “(B) > > drawstrings, > > > ##### “(C) > > shoulder pads or other padding, > > > ##### “(D) > > waistbands, > > > ##### “(E) > > belt attached to the article, > > > ##### “(F) > > straps containing elastic, or > > > ##### “(G) > > elbow patches, > > that do not meet the requirements set forth in subsection (b), regardless of the country of origin of the item referred to in the applicable subparagraph of this paragraph.” > . ####
(2)De minimis rule Section 112(d)(2) of the African Growth and Opportunity Act (19 U.S.C. 3721(d)(2)) is amended— #####
(A)by inserting “or former beneficiary sub-Saharan African countries” after “countries”; and #####
(B)by striking “7 percent” and inserting “10 percent”. ###
(f)Definitions Section 112(e) of the African Growth and Opportunity Act (19 U.S.C. 3721(e)) is amended by adding at the end the following: > > #### “(4) Former sub-saharan african country > > The term ‘**former sub-Saharan African country**’ means a country that, after being designated as a beneficiary sub-Saharan African country under this Act, ceased to be designated as such a beneficiary sub-Saharan country by reason of its entering into a free trade agreement with the United States.” > .
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