Sec. 111. ELIGIBILITY FOR CERTAIN BENEFITS
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## SEC. 111 ELIGIBILITY FOR CERTAIN BENEFITS ###
(a)In General Title V of the Trade Act of 1974 is amended by inserting after section 506 the following new section: > > ## “SEC. 506A DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR CERTAIN BENEFITS > > > ### “(a) Authority To Designate > > > #### “(1) In general > > Notwithstanding any other provision of law, the President is authorized to designate a country listed in section 107 of the African Growth and Opportunity Act as a beneficiary sub-Saharan African country eligible for the benefits described in subsection (b)— > > > ##### “(A) > > if the President determines that the country meets the eligibility requirements set forth in section 104 of that Act, as such requirements are in effect on the date of the enactment of that Act; and > > > ##### “(B) > > subject to the authority granted to the President under subsections (a), (d), and
(e)of section 502, if the country otherwise meets the eligibility criteria set forth in section 502. > > > #### “(2) Monitoring and review of certain countries > > The President shall monitor, review, and report to Congress annually on the progress of each country listed in section 107 of the African Growth and Opportunity Act in meeting the requirements described in paragraph
(1)in order to determine the current or potential eligibility of each country to be designated as a beneficiary sub-Saharan African country for purposes of this section. The President's determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the annual report required by section 106 of the African Growth and Opportunity Act. > > > #### “(3) Continuing compliance > > If the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall terminate the designation of that country as a beneficiary sub-Saharan African country for purposes of this section, effective on January 1 of the year following the year in which such determination is made. > > > ### “(b) Preferential Tariff Treatment for Certain Articles > > > #### “(1) In general > > The President may provide duty-free treatment for any article described in section 503(b)(1)(B) through
(G)that is the growth, product, or manufacture of a beneficiary sub-Saharan African country described in subsection (a), if, after receiving the advice of the International Trade Commission in accordance with section 503(e), the President determines that such article is not import-sensitive in the context of imports from beneficiary sub-Saharan African countries. > > > #### “(2) Rules of origin > > The duty-free treatment provided under paragraph
(1)shall apply to any article described in that paragraph that meets the requirements of section 503(a)(2), except that— > > > ##### “(A) > > if the cost or value of materials produced in the customs territory of the United States is included with respect to that article, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph
(A)of section 503(a)(2); and > > > ##### “(B) > > the cost or value of the materials included with respect to that article that are produced in one or more beneficiary sub-Saharan African countries shall be applied in determining such percentage. > > > ### “(c) Beneficiary Sub-Saharan African Countries, Etc > > For purposes of this title, the terms ‘**beneficiary sub-Saharan African country**’ and ‘beneficiary sub-Saharan African countries’ mean a country or countries listed in section 107 of the African Growth and Opportunity Act that the President has determined is eligible under subsection
(a)of this section.” > . ###
(b)Waiver of Competitive Need Limitation Section 503(c)(2)(D) of the Trade Act of 1974 (19 U.S.C. 2463(c)(2)(D)) is amended to read as follows: > > ##### “(D) Least-developed beneficiary developing countries and beneficiary sub-saharan african countries > > Subparagraph
(A)shall not apply to any least-developed beneficiary developing country or any beneficiary sub-Saharan African country.” > .
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Sec. 111
ELIGIBILITY FOR CERTAIN BENEFITS
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