SUBCHAPTER XXII
PROVISIONS ESTABLISHED PURSUANT TO FREE TRADE AGREEMENTS
XXII
98-XXII-1
U.S. Notes
  • 1.
    • (a) This subchapter contains modifications of the provisions of the tariff schedule established pursuant to free trade agreements between the United States and one or more other countries, as implemented under the general notes to the tariff schedule. Goods entered under this subchapter and described in the provisions of this subchapter for which a rate of duty followed by a symbol in parentheses is herein provided, are subject to duty at the rate set forth in this subchapter in lieu of the rate provided therefor in chapters 1 through 97.
    • (b) For purposes of heading 9822.01.05, the duty-free temporary admission of goods under such heading shall be accorded only to goods enumerated as eligible therefor in--
      • (i) article 2.5 of the United States-Singapore Free Trade Agreement,
      • (ii) article 3.7 of the United States-Chile Free Trade Agreement,
      • (iii) article 2.5 of the United States-Australia Free Trade Agreement,
      • (iv) article 3.5 of the Dominican Republic-Central America-United States Free Trade Agreement,
      • (v) article 2.5 of the United States-Morocco Free Trade Agreement,
      • (vi) article 2.5 of the United States-Bahrain Free Trade Agreement,
      • (vii) article 2.5 of the United States-Oman Free Trade Agreement,
      • (viii) article 2.5 of the United States-Peru Trade Promotion Agreement,
      • (ix) article 2.5 of the United States-Korea Free Trade Agreement,
      • (x) article 2.5 of the United States-Colombia Trade Promotion Agreement,
      • (xi) article 3.5 of the United States-Panama Trade Promotion Agreement, or
      • (xii) article 2.7 of the United States-Mexico-Canada Agreement,
      under the terms of such Agreement articles and on such basis as may be prescribed in regulations issued by the Secretary of the Treasury. Such temporary admission shall be limited to goods imported by or for the use of a national or resident of a country (other than the United States) that is a party to one of the Agreements listed in this note, to the extent authorized by the terms of the above-enumerated Agreement articles, and shall be available without bond and regardless of the origin of the goods concerned.
    • (c) For purposes of heading 9822.01.10, vessels (together with equipment, parts or materials), regardless of origin, that are exported temporarily from the United States and that undergo repairs or alterations in a country that is a party to a free trade agreement referred to in this subdivision, shall be accorded duty-free entry to the extent provided for in--
      • (i) article 2.6 of the United States-Singapore Free Trade Agreement,
      • (ii) article 3.9 of the United States-Chile Free Trade Agreement,
      • (iii) article 2.6 of the United States-Australia Free Trade Agreement,
      • (iv) article 3.6 of the Dominican Republic-Central America-United States Free Trade Agreement,
      • (v) article 2.6 of the United States-Morocco Free Trade Agreement,
      • (vi) article 2.6 of the United States-Bahrain Free Trade Agreement,
      • (vii) article 2.6 of the United States-Oman Free Trade Agreement,
      • (viii) article 2.6 of the United States-Peru Trade Promotion Agreement,
      • (ix) article 2.6 of the United States-Korea Free Trade Agreement,
      • (x) article 2.6 of the United States-Colombia Trade Promotion Agreement,
      • (xi) article 3.6 of the United States-Panama Trade Promotion Agreement, or
      • (xii) article 2.8 of the United States-Mexico-Canada Agreement,
      under the terms of the pertinent Agreement article and on such basis as may be prescribed in regulations issued by the Secretary of the Treasury. Such duty-free entry shall be available whether or not the repairs or alterations could be performed in the United States.
  • 2.
    • (a) Unless otherwise provided, this note and heading 9822.01.25 are effective as to imports from Singapore described therein and entered on or after January 1, 2014. The rate of duty for heading 9822.01.25 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "SG" in parentheses shall apply to imports from Singapore of apparel goods of chapter 61 or 62 if such goods are both cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from fabric or yarn, regardless of origin, designated by the appropriate U.S. government authority as fabric or yarn not available in commercial quantities in a timely manner in the United States. Such designations must have been made in a notice published in the Federal Register identifying apparel goods made from such fabric or yarn as eligible for entry into the United States under subheading 9819.11.24 or 9820.11.27 as of November 15, 2002. For purposes of this note, reference in such a notice to yarn or fabric formed in the United States shall be deemed to include yarns or fabric formed in the territory of Singapore or of the United States, or both.
    • (b) For purposes of this note and heading 9822.01.25, in addition to any goods otherwise eligible for entry under such heading, the following goods that are imported from Singapore shall be eligible for entry under such heading on or after August 1, 2006:
      • (i) women's or girls' knitted or crocheted blouses or shirts of subheading 6106.20 or lingerie or underwear of subheading 6108.11.00, 6108.22, 6108.32.00 or 6108.92.00, all the foregoing made from ring-spun single yarn of nm 51 or 85, containing by weight 50 percent or more but less than 85 percent of 0.9 denier or finer micro modal fibers, mixed solely with United States-origin extra long pima cotton of subheading 5510.30.00;
      • (ii) apparel and clothing accessories of chapter 62 (other than gloves of heading 6216) made from 100 percent cotton woven flannel fabrics, of yarns of different colors, containing ring-spun yarns of nm 21 through 36, of 2 x 2 twill weave construction (such fabric classifiable in subheading 5208.43.00);
      • (iii) women's or girls' blouses or shirts of subheading 6206.30 made from fabrics of subheadings 5210.21 or 5210.31, such fabrics not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 nm; or
      • (iv) apparel and clothing accessories of chapters 61 or 62, the foregoing made from micro-denier 30 singles and 36 singles viscose yarn, such yarns solution dyed, open-end spun and staple spun and classifiable in subheading 5510.11.00.
    • (c) For purposes of this note and heading 9822.01.25, in addition to any goods otherwise eligible for entry under such heading, the following goods that are imported from Singapore shall be eligible for entry under such heading on or after May 21, 2011:
      • (i) apparel goods of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from viscose rayon filament yarns (such yarns classifiable in subheading 5403.41.00);
      • (ii) blouses for women or girls of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from woven cotton fabrics, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 nm (such fabrics classifiable in subheading 5210.11);
      • (iii) apparel goods (excluding gloves) of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from 100 percent cotton woven yarn-dyed flannel fabrics, made from single ring-spun yarns of nm 14 through 41, of 2 x 1 twill weave construction, weighing 200 g/m2 or less (such fabrics classifiable in subheading 5208.43.00);
      • (iv) shirts, trousers, nightwear, robes, dressing gowns or woven underwear of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from 100 percent cotton woven flannel fabrics (such fabrics classifiable in subheading 5208.42.30 or, if napped, in subheading 5209.41.60);
      • (v) shirts, trousers, nightwear, robes, dressing gowns or woven underwear of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both. from 100 percent cotton woven flannel fabrics (such fabrics comprising sheeting classifiable in subheading 5208.32.30 or napped sheeting classifiable in subheading 5209.31.60);
      • (vi) shirts, trousers, nightwear, robes, dressing gowns or woven underwear of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn orotherwise assembled in the territory of Singapore or of the United States, or both, from 100 percent cotton woven napped fabrics (such fabrics classifiable in subheading 5209.41.60); or
      • (vii) shirts, trousers, nightwear, robes, dressing gowns or woven underwear of chapters 61 or 62, the foregoing cut (or knit to shape) and sewn or otherwise assembled in the territory of Singapore or of the United States, or both, from 100 percent cotton woven double-napped fabrics (such fabrics classifiable in subheading 5209.31.60).
  • 3.
    • (a) Unless otherwise provided, this note and heading 9822.02.01 are effective as to originating goods of Chile entered under the terms of general note 26 to the tariff schedule on or after January 1, 2016. In 2016 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the amount of Chile's trade surplus, by volume, from all sources for goods in the following subheadings: 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.20, 1702.30, 1702.40, 1702.60, 1702.90, 1806.10, 2101.12, 2101.20 and 2106.90, except that Chile's imports of originating goods of the United States under subheadings 1702.40 and 1702.60 shall not be included in the calculation of Chile's trade surplus.
    • (b) The aggregate quantity of originating goods of Chile entered under heading 9822.02.01 in any calendar year shall be the quantity of goods equal to the amount of Chile's trade surplus in subdivision (a) of this note.
  • 4. Unless otherwise provided, this note and heading 9822.02.02 are effective as to imports from Chile entered on or after January 1, 2016. The Free rate of duty for heading 9822.02.02 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(CL)" shall apply to imports from Chile, in an aggregate annual quantity not to exceed 1,000,000 SME, of:
    • (a) cotton or man-made fiber fabric goods provided for in chapters 52, 54, 55, 58, and 60 of the tariff schedule that are wholly formed in Chile from yarn produced or obtained outside the territory of Chile or of the United States, and
    • (b) cotton or man-made fiber fabric goods provided for in Annex 4.1 (Specific Rules of Origin) that are wholly formed in Chile from yarn spun in the territory of Chile or of the United States from fiber produced or obtained outside the territory of Chile or of the United States.
  • 5. Unless otherwise provided, this note and heading 9822.02.03 are effective as to imports from Chile entered on or after January 1, 2016. The Free rate of duty for heading 9822.02.03 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(CL)" shall apply to imports from Chile in an aggregate annual quantity not to exceed 1,000,000 SME, of cotton or of man-made fiber apparel goods or apparel goods subject to cotton or man-made fiber restraints, the foregoing that are both cut (or knit to shape) and sewn or otherwise assembled in Chile from fabric or yarn produced or obtained outside the territory of Chile or of the United States, when such goods are provided for in the following subheadings: 6101.20.00, 6101.30.10, 6101.30.20, 6102.20.00, 6102.30.05, 6102.30.20, 6103.10.30, 6103.10.60, 6103.22.00, 6103.23.00, 6103.29.10, 6103.32.00, 6103.33.20, 6103.39.10, 6103.42.10, 6103.42.20, 6103.43.15, 6103.43.20, 6103.49.10, 6103.49.20, 6104.12.00, 6104.13.20, 6104.22.00, 6104.23.00, 6104.29.10, 6104.32.00, 6104.33.20, 6104.39.10, 6104.42.00, 6104.43.20, 6104.44.20, 6104.52.00, 6104.53.20, 6104.59.10, 6104.62.10, 6104.62.20, 6104.63.10, 6104.63.20, 6104.69.10, 6104.69.20, 6105.10.00, 6105.20.20, 6106.10.00, 6106.20.20, 6107.11.00, 6107.12.00, 6107.21.00, 6107.22.00, 6107.91.00, 6107.99.70, 6108.11.00, 6108.19.90, 6108.21.00, 6108.22.90, 6108.31.00, 6108.32.00, 6108.91.00, 6108.92.00, 6109.10.00, 6109.90.10, 6110.20.10, 6110.20.20, 6110.30.10, 6110.30.20, 6110.30.30, 6111.20.10, 6111.20.20, 6111.20.30, 6111.20.40, 6111.20.50, 6111.20.60, 6111.30.10, 6111.30.20, 6111.30.30, 6111.30.40, 6111.30.50, 6111.90.10, 6111.90.20, 6111.90.40, 6111.90.50, 6112.11.00, 6112.12.00, 6112.19.10, 6112.20.10, 6112.20.20, 6112.31.00, 6112.39.00, 6112.41.00, 6112.49.00, 6113.00.90, 6114.20.00, 6114.30.10, 6114.30.20, 6114.30.30, 6115.21.00, 6115.29.80, 6115.20.90, 6115.95.60, 6115.95.90, 6115.96.60, 6115.96.90, 6115.99.14, 6115.99.18, 6116.10.17, 6116.10.48, 6116.10.55, 6116.10.75, 6116.92.64, 6116.92.74, 6116.92.88, 6116.92.94, 6116.93.88, 6116.93.94, 6116.99.48, 6116.99.54, 6117.10.20, 6117.10.60, 6117.80.30, 6117.80.87, 6117.80.95, 6117.90.90, 6201.12.10, 6201.12.20, 6201.13.10, 6201.13.40, 6201.92.10, 6201.92.15, 6201.92.20, 6201.93.10, 6201.93.20, 6201.93.30, 6201.93.35, 6202.12.10, 6202.12.20, 6202.13.10, 6202.13.40, 6202.92.10, 6202.92.15, 6202.92.20, 6202.93.10, 6202.93.20, 6202.93.45, 6202.93.50, 6203.12.20, 6203.19.10, 6203.19.30, 6203.22.10, 6203.22.30, 6203.23.00, 6203.29.20, 6203.32.10, 6203.32.20, 6203.33.20, 6203.39.20, 6203.42.20, 6203.42.40, 6203.43.15, 6203.43.20, 6203.43.25, 6203.43.35, 6203.43.40, 6203.49.10, 6203.49.15, 6203.49.20, 6204.12.00, 6204.13.20, 6204.19.20, 6204.22.10, 6204.22.30, 6204.23.00, 6204.29.20, 6204.32.10, 6204.32.20, 6204.33.10, 6204.33.20, 6204.33.50, 6204.39.30, 6204.42.20, 6204.42.30, 6204.43.10, 6204.43.20, 6204.43.40, 6204.44.20, 6204.44.40, 6204.52.20, 6204.53.10, 6204.53.30, 6204.59.10, 6204.59.30, 6204.62.20, 6204.62.30, 6204.62.40, 6204.63.12, 6204.63.15, 6204.63.20, 6204.63.30, 6204.63.35, 6204.69.10, 6204.69.25, 6205.20.10, 6205.20.20, 6205.30.10, 6205.30.20, 6206.30.10, 6206.30.20, 6206.30.30, 6206.40.10, 6206.40.20, 6206.40.30, 6207.11.00, 6207.19.90, 6207.21.00, 6207.22.00, 6207.91.10, 6207.91.30, 6207.99.75, 6207.99.85, 6208.11.00, 6208.19.20, 6208.21.00, 6208.22.00, 6208.91.10, 6208.91.30, 6208.92.00, 6209.20.10, 6209.20.20, 6209.20.30, 6209.20.50, 6209.30.10, 6209.30.20, 6209.30.30, 6209.90.10, 6209.90.20, 6209.90.30, 6210.10.90, 6210.20.50, 6210.20.90, 6210.30.50, 6210.30.90, 6210.40.50, 6210.40.90, 6210.50.50, 6210.50.90, 6211.11.10, 6211.11.80, 6211.12.10, 6211.12.80, 6211.20.04, 6211.20.15, 6211.20.28, 6211.20.38, 6211.20.48, 6211.20.58, 6211.20.68, 6211.20.78, 6211.32.00, 6211.33.00, 6211.42.00, 6211.43.00, 6212.10.50, 6212.10.90, 6212.20.00, 6212.30.00, 6212.90.00, 6213.20.10, 6213.20.20, 6213.90.10, 6214.30.00, 6214.40.00, 6214.90.00, 6215.20.00, 6215.90.00, 6216.00.17, 6216.00.21, 6216.00.24, 6216.00.29, 6216.00.38, 6216.00.41, 6216.00.54, 6216.00.58, 6217.10.95 or 6217.90.90.
  • 6.
    • (a) Unless otherwise provided, this note and heading 9822.03.01 are effective as to originating goods of Morocco entered under the terms of general note 27 to the tariff schedule on or after January 1, 2021. In 2021 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the amount of Morocco's trade surplus, by volume, from all sources for goods in the following subheadings: 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, except that Morocco's imports of originating goods of the United States under subheadings 1702.40 and 1702.60 shall not be included in the calculation of Morocco's trade surplus.
    • (b) The aggregate quantity of originating goods of Morocco entered under heading 9822.03.01 in any calendar year shall be the quantity of goods equal to the amount of Morocco's trade surplus in subdivision (a) of this note.
  • 7.
    • (a) Unless otherwise provided, this note and heading 9822.03.02 are effective as to originating goods of Morocco entered under the terms of general note 27 to the tariff schedule on or after January 1, 2021. In 2021 and in successive years thereafter, the Free rate of duty for heading 9822.03.02 in the "Special" subcolumn of rates of duty column 1 followed by the symbol "(MA)" shall apply to imports from Morocco in an aggregate quantity not to exceed 1,067,257 kilograms, of a textile or apparel good if the cotton fibers, classified in heading 5201, used in the production of the good originate in one or more of the least-developed beneficiary sub-Saharan countries designated in (b) of this note, and provided the cotton fibers are carded or combed in the territory of Morocco or the territory of the United States or of a least-developed country listed in (b) of this note.
    • (b) The following countries for the purposes of this note are least-developed beneficiary sub-Saharan countries as designated in Article 6 of the Bulletin Officiel, No. 4861 bis-chaoual 1421 (1.1.2001), Exoneration du droit d'importation en faveur des produits originaires et en provenance de certains pays d'Afrique, as of January 1, 2005:
      AngolaLiberia
      BeninMadagascar
      Burkina FasoMalawi
      BurundiMali
      Cape VerdeMauritania
      Central African RepublicMozambique
      ChadNiger
      ComorosRwanda
      Democratic Republic of CongoSao Tome and Principe
      DjiboutiSierra Leone
      Equatorial GuineaSomalia
      EritreaSudan
      EthiopiaTanzania
      Gambia Togo
      Guinea Uganda
      Guinea-BissauZambia
      Lesotho
  • 8.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.01 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
    • (c) A safeguard measure shall apply to originating goods of Australia entered in excess of the aggregate quantity specified in (a) of the note as follows:
      • (i) If the monthly average index price falls below the 24-month trigger price in any two months during the previous quarter of any calendar year, the rate provided for in subheading 9822.04.02 shall apply during the current quarter of the calendar year; or
      • (ii) If the monthly average index price falls below the 24-month tripper price in any month of the fourth quarter of any calendar year, or in the month immediately preceding the fourth quarter, the rate provided for in subheading 9822.04.02 shall apply during the remainder of the fourth quarter of the calendar year.
      The Office of the United States Trade Representative shall publish in the Federal Register a determination if (c)(i) or (c)(ii) is not applicable to originating goods of Australia.
      For purposes of this note the term "monthly average index price" means the monthly average index price for Wholesale Boxed Beef Cut-Out Value Select 1-3 Central U.S. 600-750 lbs., or its equivalent, as reported by the United States Department of Agriculture's Agricultural Marketing Service, and, the term "24-month trigger price" means the price that is 6.5 percent less than the average of the previous 24 monthly average index prices.
  • 9.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 6 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.05 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 10.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 3 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.10 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 11.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 3 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.15 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 12.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 4 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.20 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 13.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 6 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.25 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 14.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 6 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.30 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 15.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 5 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.35 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 16.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 5 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.40 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be those that the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 17.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 3 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.45 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 18.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. For 2023, and for successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 3 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.50 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 19.
    • (a) Unless otherwise provided, this note is effective as to originating goods of Australia entered under the terms of general note 28 to the tariff schedule on or after January 1, 2023. In 2023 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year of the aggregate quantity applicable to originating goods of Australia. The quantity shall increase at a compounded annual growth rate of 5 percent.
    • (b) The aggregate quantity of originating goods of Australia entered under subheading 9822.04.65 in any calendar year shall not exceed the quantity specified in (a) of this note.
      The above quantity shall only be eligible for duty-free treatment if the U.S. importer makes a declaration to the Bureau of Customs and Border Protection (Customs), in the form and manner determined by Customs, that a valid export certificate issued by the government of Australia is in effect for the goods.
  • 20.
    • (a) Heading 9822.05.01 shall apply to textile or apparel goods of chapters 50 through 63 and subheading 9404.90 that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 29 to the tariff schedule and otherwise meet the requirements of such general note 29:
      • (1) Velveteen fabrics classified in subheading 5801.23;
      • (2) Corduroy fabrics classified in subheading 5801.22, containing 85 percent or more by weight of cotton and containing more than 7.5 wales per cm;
      • (3) Fabrics classified in subheading 5111.11 or 5111.19, hand-woven, with a loom width of less than 76 cm, woven in the United Kingdom in accordance with the rules and regulations of the Harris Tweed Association, Ltd., and so certified by the association;
      • (4) Fabrics classified in subheading 5112.30, weighing not more than 340 g/m2, containing wool, not less than 20 percent by weight of fine animal hair and not less than 15 percent by weight of man-made staple fibers;
      • (5) Batiste fabrics classified in subheading 5513.11 or 5513.21, of square construction, of single yarns exceeding 76 metric count, containing between 60 and 70 warp ends and filling picks per square cm, of a weight not exceeding 110 g/m2;
      • (6) Fabrics classified in subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52, or 5208.59, of average yarn number exceeding 135 metric;
      • (7) Fabrics classified in subheading 5513.11 or 5513.21, not of square construction, containing more than 70 warp ends and filling picks per square cm, of average yarn number exceeding 70 metric;
      • (8) Fabrics classified in subheading 5210.21 or 5210.31, not of square construction, containing more than 70 warp ends and filling picks per square cm, of average yarn number exceeding 70 metric;
      • (9) Fabrics classified in subheading 5208.22 or 5208.32, not of square construction, containing more than 75 warp ends and filling picks per square cm, of average yarn number exceeding 65 metric;
      • (10) Fabrics classified in subheading 5407.81, 5407.82, or 5407.83, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment;
      • (11) Fabrics classified in subheading 5208.42 or 5208.49, not of square construction, containing more than 85 warp ends and filling picks per square cm, of average yarn number exceeding 85 metric;
      • (12) Fabrics classified in subheading 5208.51, of square construction, containing more than 75 warp ends and filling picks per square cm, made with single yarns, of average yarn number equal to or exceeding 95 metric;
      • (13) Fabrics classified in subheading 5208.41, of square construction, with a gingham pattern, containing more than 85 warp ends and filling picks per square cm, made with single yarns, of average yarn number equal to or exceeding 95 metric, and characterized by a check effect produced by the variation in color of the yarns in the warp and filling;
      • (14) Fabrics classified in subheading 5208.41, with the warp colored with vegetable dyes, and the filling yarns white or colored with vegetable dyes, of average yarn number exceeding 65 metric;
      • (15) Circular knit fabric, wholly of cotton yarns, exceeding 100 metric number per single yarn, classified in subheading 6006.21.10, 6006.22.10, 6006.23.10, or 6006.24.10;
      • (16) 100 percent polyester crushed panne velour fabric of circular knit construction, not over 271 g/m2, classified in subheading 6001.92.00;
      • (17) Viscose rayon yarns classified in subheading 5403.31 or 5403.32;
      • (18) Yarn of combed cashmere, combed cashmere blends or combed camel hair classified in subheading 5108.20.80;
      • (19) The following two elastomeric fabrics used in waistbands, the foregoing of man-made fibers, classified in subheading 5903.90.25:
        • (a) a knitted outer-fusible material with a fold line that is knitted into the fabric, such fabric comprising a 45 mm wide base substrate, knitted in narrow width, synthetic fiber based (made of 49 percent polyester, 43 percent elastomeric filament and 8 percent nylon by weight, with a weight of 124.74 g/m2, a 110/110 stretch, and a dull yarn), stretch elastomeric material with an adhesive (thermoplastic resin) coating; such 45 mm width is divided as follows: 34 mm solid, followed by a 3 mm seam allowing it to fold over, followed by 8 mm of solid;
        • (b) a knitted inner-fusible material with an adhesive (thermoplastic resin) coating that is applied after going through a finishing process to remove all shrinkage from the product, such fabric comprising a 40 mm synthetic fiber based, stretch elastomeric fusible consisting of 80 percent nylon type 6 and 20 percent elastomeric filament with a weight of 124.74 g/m2, a 110/110 stretch, and a dull yarn;
      • (20) Fabrics classified in subheading 5210.21 or 5210.31, not of square construction, containing more than 70 warp ends and filling picks per square cm, of average yarn number exceeding 135 metric;
      • (21) Fabrics classified in subheading 5208.22 or 5208.32, not of square construction, containing more than 75 warp ends and filling picks per square cm, of average yarn number exceeding 135 metric;
      • (22) Fabrics classified in subheading 5407.81, 5407.82, or 5407.83, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment of average yarn number exceeding 135 metric;
      • (23) Cuprammonium rayon filament yarn classified in subheading 5403.39;
      • (24) Fabrics classified in subheading 5208.42 or 5208.49, not of square construction, containing more than 85 warp ends and filling picks per square cm, of average yarn number exceeding 85 metric, of average yarn number exceeding 135 metric if the fabric is oxford construction;
      • (25) Single ring-spun yarn of yarn numbers 51 and 85 metric, containing 50 percent or more, but less than 85 percent, by weight of the metric equivalent of 0.9 denier or finer micro modal fiber, mixed solely with U.S. origin extra long pima cotton, classified in subheading 5510.30;
      • (26) Tow of viscose rayon classified in heading 5502;
      • (27) 100 percent cotton woven flannel fabrics, single ring-spun yarns of different colors, of yarn numbers 21 through 36 metric, classified in subheading 5208.43.00, of 2 x 2 twill weave construction, weighing not more than 200 g/m2;
      • (28) Fabrics classified in the following subheadings of average yarn number exceeding 93 metric: 5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50, 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, 5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, 5210.29.80, 5210.31.80, 5210.39.80, 5210.41.80, 5210.49.80, 5210.51.80, or 5210.59.80;
      • (29) Yarns of carded cashmere or of carded camel hair, classified in subheading 5108.10.80, the foregoing used to produce woven fabrics classified in subheading 5111.11 or 5111.19;
      • (30) Acid-dyeable acrylic tow classified in subheading 5501.30, for production of yarn classified in subheading 5509.31;
      • (31) Untextured flat yarns of nylon classified in subheading 5402.41.90, such yarns are described as:
        • (a) of nylon, metric equivalent of 7 denier/5 filament nylon 66 untextured (flat) semi-dull yarn; multifilament, untwisted or with a twist not exceeding 50 turns/m;
        • (b) of nylon, metric equivalent of 10 denier/7 filament nylon 66 untextured (flat) semi-dull yarn; multifilament, untwisted or with a twist not exceeding 50 turns/m; or
        • (c) of nylon, metric equivalent of 12 denier/5 filament nylon 66 untextured (flat) semi-dull yarn; multifilament, untwisted or with a twist not exceeding 50 turns/m;
      • (32) Woven fabric classified in subheading 5515.13.10, combed of polyester staple fibers mixed with wool, and containing less than 36 percent by weight of wool;
      • (33) Knitted fabric of 85 percent spun silk, 15 percent wool by weight (210 g/m2), classified in subheading 6006.90.10;
      • (34) Woven fabrics classified in subheading 5512.99, containing 100 percent by weight of synthetic staple fibers, not of square construction, of average yarn number exceeding 55 metric;
      • (35) Woven fabrics classified in subheadings 5512.21 or 5512.29, of 100 percent acrylic fibers, of average yarn number exceeding 55 metric;
      • (36) Rayon filament sewing thread, classified in subheading 5401.20;
      • (37) Poplin, ring spun, woven fabric of 97 percent cotton, 3 percent spandex by weight, classified in subheading 5208.32.30;
      • (38) Synthetic woven fabric of 74 percent polyester, 22 percent nylon and 4 percent spandex by weight, classified in subheading 5512.99.00;
      • (39) Two-way stretch woven fabric of 62 percent polyester, 32 percent rayon and 6 percent spandex by weight, classified in subheading 5515.19.00;
      • (40) Two-way stretch woven fabric of 71 percent polyester, 23 percent rayon and 6 percent spandex by weight, classified in subheading 5515.19.00;
      • (41) Dyed herringbone twill fabric of 70 percent rayon and 30 percent polyester by weight, classified in subheading 5516.92, weighing more than 200 g/m2;
      • (42) Printed 100 percent rayon herringbone fabric, classified in subheading 5516.14, weighing more than 200 g/m2;
      • (43) Leaver's lace classified in subheading 5804.21 or 5804.29;
      • (44) Man-made fiber fabrics, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 metric, classified in subheading 5513.11 or 5513.21;
      • (45) Cotton fabrics classified in subheading 5210.11, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 metric;
      • (46) Combed yarns of wool or fine animal hair, of wool fiber with an average fiber diameter of 18.5 microns or less, classified in subheadings 5107.10, 5107.20 or 5108.20;
      • (47) 100 percent cotton yarn-dyed woven flannel fabrics made from single ring-spun yarns of number 14 through 41 metric, the foregoing of 2 X 1 twill weave construction, weighing not over 200 g/m2, classified in subheading 5208.43.00;
      • (48) Ring spun single yarns of metric equivalent of English yarn number 30 and higher of 0.9 denier or finer micro modal fibers, classified in subheading 5510.11.00;
      • (49) Colored open-end spun singles yarns, of yarn numbers from metric equivalent of 6/1 to 18/1 English count, containing a blend of reclaimed and reprocessed cotton and not less than 35 percent nor more than 49 percent by weight of licensed Smart Fabric Technology® phase change materials (PCM) acrylic staple fibers, produced under license from Outlast Technologies Inc., classified in subheading 5206.11.00 or 5206.12.00;
      • (50) Woven 100 percent cotton flannel fabric, piece dyed, sanforized, weighing 152.6 g/m2, with 24.4 warp ends per cm of ring spun yarn of number 40.6 metric and 15.7 filling picks per cm of open-end spun filling yarn of number 20.3 metric per and having 40.1 threads per cm2, of an overall average yarn number of 39.4 metric, napped on both sides, having a width of 150 cm cuttable, classified in subheading 5208.32.30;
      • (51) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 251 g/m2, with 22.8 warp ends per cm of ring spun yarn of number 40.6 metric and 15 filling picks per cm of open-end spun yarn of number 8.46 metric and having 37.8 total threads per cm2, of an overall average yarn number of 24.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
      • (52) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 203 g/m2, with 20.5 warp ends per cm of ring spun yarn of number 40.6 metric and 17.3 filling picks per cm of open-end spun yarn of number 13.5 metric and having 37.8 total threads per cm2, of an overall average yarn number of 27.9 metric, having a width of 150 cm cuttable, classified in subheading 5209.31.60;
      • (53) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 291.5 g/m2, with 23.2 warp ends per cm of ring spun yarn of number 27.07 metric and 15 filling picks per cm of open-end spun yarn of number 8.46 metric and having 38.2 total threads per cm2, of an overall average yarn number of 20.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
      • (54) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 291.5 g/m2, with 26.8 warp ends per cm of ring spun yarn of number 25.46 metric and 16.5 filling picks per cm of open-end spun yarn of number 10.16 metric and having 43.3 total threads per cm2, of an overall average yarn number of 23.8 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
      • (55) Woven 100 percent cotton flannel fabric, piece dyed and napped on both sides, sanforized, weighing 254 g/m2, with 20 warp ends per cm of ring spun yarn of number 28.8 metric and 14.5 filling picks per cm of open-end spun yarn of number 8.46 metric and having 34.5 total threads per cm2, of an overall average yarn number of 27.9 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
      • (56) Woven 100 percent cotton flannel fabric, with of gingham check or plaid of yarns of different colors, napped on both sides, sanforized, weighing 251 g/m2, with 22.8 warp ends per cm of ring spun yarn of number 40.6 metric and 15 filling picks per cm of open-end spun yarn of number 8.46 metric and having 37.8 total threads per cm2, of an overall average yarn number of 24.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.41.60;
      • (57) Woven 100 percent cotton flannel plaid fabric of yarns of different colors, napped on both sides, sanforized, weighing 251 g/m2, with 19.7 warp ends per cm of ring spun yarn of number 20.3 metric and 11.8 filling picks per cm of open-end spun yarn of number 8.46 metric and having 31.5 total threads per cm2, of an overall average yarn number of 20.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.41.60;
      • (58) Woven 100 percent cotton flannel fabric, of yarns of different colors, napped on both sides, sanforized, weighing 152.6 g/m2, with 24.4 warp ends per cm of ring spun yarn of number 40.6 metric and 15.7 filling picks per cm of open-end spun yarn of number 20.4 metric and having 40.1 total threads per cm2, of an overall average yarn number of 39.4 metric, having a width of 150 cm cuttable, classified in subheading 5208.42.30;
      • (59) Woven 100 percent cotton flannel fabric, of yarns of different colors, napped on both sides, sanforized, weighing 251 g/m2, with 22.8 warp ends per cm of ring spun yarn of number 40.6 metric and 17.3 filling picks per cm of open-end spun yarn of number 8.46 metric and having 40.1 total threads per cm2, of an overall average yarn number of 24.1 metric, having a width of 160 cm cuttable, classified in subheading 5209.41.60;
      • (60) Woven 100 percent cotton flannel fabric, piece dyed, napped on both sides, sanforized, weighing 251 g/m2, with 20.1 warp ends per cm of ring spun yarn of number 27.07 metric and 16.5 filling picks per cm of open-end spun yarn of number 10.16 metric and having 36.6 total threads per cm2, of an overall average yarn number of 23.3 metric, having a width of 160 cm cuttable, classified in subheading 5209.41.60;
      • (61) Woven 100 percent cotton fabric, piece dyed, napped on both sides, sanforized, weighing 291.5 g/m2, with 24.41 warp ends per cm of ring spun yarn of number 25.4 metric and 16.53 filling picks per cm of open-end spun yarn of number 10.16 metric and having 42.52 total threads per cm2, of an overall average yarn number of 13.95 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
      • (62) Woven 100 percent cotton fabric, piece dyed, napped on both sides, sanforized, weighing 305 g/m2, with 24.41 warp ends per cm of ring spun yarn of number 25.4 metric and 18.11 filling picks per cm of open-end spun yarn of number 10.16 metric and having 42.52 total threads per cm2, of an overall average yarn number of 13.95 metric, having a width of 160 cm cuttable, classified in subheading 5209.31.60;
      • (63) Woven 100 percent cotton flannel fabric, piece-dyed, napped on both sides, sanforized, weighing 203 g/m2, with 21 warp ends per cm of ring spun yarn of number 40.6 metric and 18 filling picks per cm of open-end spun yarn of number 13.54 metric and having 39 total threads per cm2, of an overall average yarn number of 19.2 metric, having a width of 150 cm cuttable, classified in subheading 5209.31.60;
      • (64) Woven "fancy" 100 percent polyester filament fabric, containing at least three different yarns of different color, of plain, twill or satin weave in combinations of the metric equivalent of 75 denier, 100 denier, 150 denier, and 300 denier yarn sizes, and of 100 percent cationic fibers or mixes of 25 percent cationic/75 percent disperse or 50 percent cationic/50 percent disperse fibers, of a width of 147.3 cm or 152.4 cm, classified in subheading 5407.53.20;
      • (65) Woven 100 percent cotton, 4-thread twill weave flannel fabrics, napped on both sides, weighing 136 to 140 g/m2, containing two or more but not over eight ring-spun cotton yarns of different colors, the foregoing of yarn-dyed, combed, and ring spun single yarns of yarn number 48 to 52 metric, having 38 to 40 warp ends per cm and 28 to 30 filling picks per cm, and 66 to 70 total threads per cm2, of average yarn number 48 to 50 metric, and 148 to 150 cm in width, classified in subheading 5208.43.00;
      • (66) Woven 100 percent cotton, 4-thread herringbone twill weave flannel fabrics, napped on both sides, containing two or more ring-spun yarns of different colors in the warp and filling, the foregoing of yarn-dyed, combed, and ring spun single yarns of yarn number 35/2 to 36/2 metric, having 25 to 26 warp ends per cm and 23 to 24 filling picks per cm and 48 to 50 total threads per cm2, of an average yarn number 32 to 34 metric, weighing 301 to 303 g/m2, and 142 to 145 cm in width, classified in subheading 5208.43.00;
      • (67) Woven 100 percent cotton, 4-thread twill, double faced irregular 1 x 3 sateen flannel fabrics, printed on one side on yarns of different colors, napped on both sides, sanforized, weighing 325 to 327 g/m2, of yarn-dyed, combed, ring spun single yarns, having 33 to 35 warp ends per cm of yarn number 50 to 52 metric, and 57 to 59 filling picks per cm of yarn number 23 to 25 metric and 90 to 94 total threads per cm2, of an average yarn number 28 to 30 metric, having a width of 148 to 152 cm, classified in subheading 5208.43.00;
      • (68) Woven 100 percent cotton, 4-thread twill weave flannel fabrics, piece dyed, carbon emerized on both sides, weighing 176 to 182 g/m2, of yarn-dyed yarns, having 43 to 45 warp ends per cm of combed ring spun yarn of yarn number 39/1 to 41/1 metric, and 24 to 26 filling picks per cm of carded ring spun yarn of yarn number 39/1 to 41/1 metric, and 61 to 71 threads per cm2, of an average yarn number 38 to 40 metric, having a width of 168 to 172 cm, classified in subheading 5208.43.00;
      • (69) Woven 100 percent cotton, 4-thread 2X2 twill weave flannel fabrics, of yarn-dyed, combed ring spun single yarns of different colors, napped, having 50 to 52 (25/2 to 26/2) warp ends per cm and 45 to 46 filling picks per cm (21/2 to 23/2) filling picks per cm of combed, two-ply, ring spun yarns of yarn number 34 metric, of average yarn number of 60 to 62 metric, weighing 150 to 160 g/m2, and having a width of 148 to 152 cm, classified in subheading 5208.43.00;
      • (70) 5205.42.00, 5205.43.00, 5205.44.00, 5205.46.00, 5205.47.00 Compacted, plied, ring-spun 100 percent cotton yarns, of number 42 through 102 metric; and
      • (71) Any other fabric, yarn or fiber that the Committee for Implementation of Textile Agreements (CITA) determines in a notice published in the Federal Register on or after March 1, 2006, is not available in commercial quantities in a timely manner in the territories of the parties to the Agreement, as defined in general note 29(a), subject to any quantitative limitations that CITA may establish for the fabric, yarn or fiber.
    • (b) The United States Trade Representative may modify the enumeration of designated fabrics, yarns and fibers set forth in subdivision (a) of this note to reflect CITA determinations described in subdivision (a) of this note, in a notice published in the Federal Register.
  • 21.
    • (a) For purposes of heading 9822.05.11 and 9822.05.13, the treatment provided for in general note 29(d)(vii) to the tariff schedule shall be limited to goods imported into the territory of the United States from a party to the Agreement as defined in general note 29(a), other than Dominican Republic, in aggregate quantities not to exceed the overall limit set forth in subdivisions (b) of this note, except as provided in subdivision (c) of this note. For purposes of determining the quantity of square meter equivalents (SME) to be charged against the overall limit, the conversion factors listed in Correlation: U.S. Textile and Apparel Category System with the Harmonized Tariff Schedule of the United States of America 2003, U.S. Department of Commerce, Office of Textiles and Apparel, or successor publication, shall apply.
    • (b) Subject to the sublimits set out below and the exclusion provided in subdivision (c) of this note, the overall limit in the first calendar year that goods qualify for entry under this provision shall not exceed 100,000,000 SME. If this provision enters into force after January 1 of that year, the overall limit and sublimits shall be reduced in proportion to the number of full months of that year that have expired. Subject to the sublimits set out below, the overall limit for each successive calendar year that the Agreement as specified in general note 29(a) is in effect may increase up to a maximum of 200,000,000 SME in any calendar year, and the sublimits may increase so that they represent the same proportion of the overall limit as in the first calendar year that goods qualify for entry under this provision. Each percentage increase of the limits shall correspond to the percentage increase in imports into the territory of the United States from the other parties to the Agreement as defined in general note 29(a), other than Dominican Republic, of originating goods of chapter 62 of the tariff schedule.
      • (I) Not more than 45,000,000 SME may be trousers and skirts and parts thereof, of cotton or manmade fibers, or subject to cotton or manmade fiber restraints, within subheadings 6203.19.10, 6203.19.90, 6203.22.30, 6203.23.00, 6203.29.20, 6203.42.40, 6203.43.25, 6203.43.35, 6203.43.40, 6203.49.15, 6203.49.20, 6203.49.80, 6204.12.00, 6204.19.80, 6204.22.30, 6204.23.00, 6204.29.20, 6204.29.40, 6204.52.10, 6204.52.20, 6204.53.10, 6204.53.30, 6204.59.10, 6204.59.30, 6204.59.40, 6204.62.30, 6204.62.40, 6204.63.20, 6204.63.30, 6204.63.35, 6204.69.25, 6204.69.60, 6204.69.90, 6210.40.50, 6210.40.90, 6210.50.50, 6210.50.90, 6211.20.15, 6211.20.38, 6211.20.68, 6211.32.00, 6211.33.00, 6211.42.00, 6211.43.00, 6217.90.90, excluding goods identified in subdivision (b)(ii) of this note.
      • (ii) Not more than 20,000,000 SME may be cotton blue denim trousers within subheadings 6203.42.40 or 6204.62.40 and blue denim skirts within subheading 6204.52.20.
      • (iii) Not more than 1,000,000 SME may be the following apparel goods, not knitted or crocheted, containing 36 percent or more by weight of wool or subject to wool restraints:
        • (A) suits for men or boys described in subheading 6203.11.15, 6203.11.30, 6203.11.60, 6203.11.90, 6203.12.10, 6203.19.20, 6203.19.90, 6203.21.30;
        • (B) suit-type jackets and blazers for men or boys described in subheading 6203.21.30, 6203.21.90, 6203.23.00, 6203.31.50, 6203.31.90, 6203.33.10, 6203.39.10 or 6203.39.90;
        • (C) trousers, breeches and shorts for men or boys described in subheading 6203.21.30, 6203.21.90, 6203.23.00, 6203.41.05, 6203.41.12, 6203.41.18, 6203.43.30, 6203.49.20 or 6203.49.80;
        • (D) suits for women or girls described in subheadings 6204.11.00, 6204.13.10, 6204.19.10 or 6204.19.80;
        • (E) suit-type jackets and blazers for women or girls described in subheading 6204.31.10, 6204.31.20, 6204.33.40, 6204.39.20, 6204.39.80;
        • (F) skirts for women or girls described in subheading 6204.21.00, 6204.23.00, 6204.29.40, 6204.51.00, 6204.53.20, 6204.59.20 or 6204.59.40;
        • (G) trousers, breeches or shorts for women or girls described in subheading 6204.21.00, 6402.23.00, 6204.29.40, 6204.61.10, 6204.61.90, 6204.63.25, 6204.69.20, 6204.69.60 or 6204.69.90.
      • (c) The limit of subdivision (b) of this note shall not apply to the following goods made from wool fabric: men's and boys' and women's and girls' suits, trousers, suit-type jackets and blazers and vests and women's and girls' skirts, provided that such goods are not make of carded wool fabric or made from wool yarn having an average fiber diameter of not over 18.5 microns.
      • (d) The United States Trade Representative (USTR) may modify, in a notice published in the Federal Register, the overall limit and sublimits set forth in subdivision (b) of this note, to reflect CITA determinations, subject to the maximum limitation and percentages set forth in such subdivision (b). The USTR may likewise modify, in a notice published in the Federal Register, such overall limit and sublimits to reflect CITA determinations to implement decisions of the parties to the Agreement, as defined in general note 29(a) to the tariff schedule, to take into account the ability of the Dominican Republic to participate in such limits.
  • 22. For a textile or apparel good provided for in chapters 61 through 63 of the tariff schedule that is not an originating good under general note 29 and for which the duty treatment set forth in heading 9822.05.10 is claimed, the rate of duty set forth in the general subcolumn of rate of duty column 1 shall apply only on the value of the assembled good minus the value of fabrics formed in the United States, components knit-to-shape in the United States and any other materials of U.S. origin used in the production of such a good, provided that the good is sewn or otherwise assembled in the territory of a party to the Agreement (other than the United States) specified in general note 29(a) with thread wholly formed in the United States, from fabrics wholly formed in the United States and cut in one or more parties to the Agreement (other than the United States) as defined in general note 29(a) or from components knit-to-shape in the United States, or both. For purposes of this note--
    • (a) a fabric is wholly formed in the United States if all the production processes and finishing operations, starting with the weaving, knitting, needling, tufting, felting, entangling or other process, and ending with a fabric ready for cutting or assembly without further processing, took place in the United States; and
    • (b) a thread is wholly formed in the United States if all the production processes, starting with the extrusion of filaments, strips, film or sheet, and including slitting a film or sheet into strip, or the spinning of all fibers into thread, or both, and ending with thread, took place in the United States.
  • 23. For purposes of this subchapter, the term "goods described in U.S. note 23 to this subchapter" means goods entered under subheading 9822.05.15 or 9822.05.20. Such goods must satisfy the requirements of general note 29(a) to the tariff schedule, except that operations performed in, or material obtained from, the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement as defined in general note 29(a) to the tariff schedule. For purposes of determining which country-specific tariff-rate quota applies to such a good, the nonpreferential rules of origin used in the normal course of trade shall be applied.
  • 24. The aggregate quantity of goods of Costa Rica described in U.S. note 23 to this subchapter that may be entered under subheading 9822.05.15 in calendar year 2009 or in any subsequent calendar year shall not exceed 2,000 metric tons.
  • 25.
    • (a) During the periods specified below, the aggregate quantity of goods described in U.S. note 23 to this subchapter of each party to the Agreement as defined in general note 29(a) that may be entered under subheading 9822.05.20 shall be limited to the aggregate quantity (set forth in metric tons) specified below for the country listed:
      PeriodCountryMetric tons
      March 24, 2006 - December 31, 2006El Salvador 24,000
      April 1, 2006 - December 31, 2006Honduras8,000
      April 1, 2006 - December 31, 2006Nicaragua22,000
      July 1, 2006 - December 31, 2006Guatemala32,000
      March 1, 2007 - December 31, 2007Dominican Republic0
      January 1, 2009 - December 31, 2009Costa Rica 11,660
      June 15, 2010 - December 31, 2010Costa Rica11,880
    • (b)
      • (i) Beginning in 2007 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year, using the most recent annual data available, of the amount of the trade surplus (the amount by which a country's exports to all destinations exceeds its imports from all sources), by volume, of each party to the Agreement as defined in general note 29(a) to the tariff schedule for goods classified in the following subheadings:
        1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60,
        except that a country's exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.12, 1701.91 and 1701.99 and its imports of originating goods of the United States classified under subheadings 1702.40 and 1702.60 shall not be included in the calculation of a country's trade surplus.
      • (ii) The aggregate quantity of goods described in U.S. note 23 to this subchapter of each party to the Agreement as defined in general note 29(a) that may be entered under subheading 9822.05.20 in any calendar year set forth herein shall be the quantity of goods equal to the lesser of the amount of that country's trade surplus determined under subdivision (b) (ii) of this note or the aggregate quantity of goods specified below for that country for that year.
        200720082009(metric tons)20102011
        Costa Rica 12,100
        Dominican Republic 10,40010,60010,80011,000
        El Salvador24,48024,96028,00028,56029,120
        Guatemala32,64033,28037,00037,74038,480
        Honduras8,1608,3208,4808,6408,800
        Nicaragua22,44022,88023,32023,76024,200
        201220132014(metric tons)20152016
        Costa Rica12,32012,54012,76012,98013,200
        Dominican Republic11,20011,40011,60011,80012,000
        El Salvador29,68031,00031,62032,24032,860
        Guatemala39,22042,00042,84043,68044,520
        Honduras8,9609,1209,2809,4409,600
        Nicaragua24,64025,08025,52025,96026,400
        201720182019(metric tons)20202021
        Costa Rica13,42013,64013,86014,08014,300
        Dominican Republic12,20012,40012,60012,80013,000
        El Salvador34,00034,68035,36036,04036,720
        Guatemala47,00047,94048,88049,82050,760
        Honduras9,7609,92010,08010,24010,400
        Nicaragua26,84027,28027,72028,16028,600
      In each successive calendar year after 2021, the aggregate quantity for each enumerated country shall be increased, from the aggregate quantity permitted in the prior calendar year, by the quantity set forth herein:
      Quantity(metric tons)
      Costa Rica220
      Dominican Republic200
      El Salvador680
      Guatemala940
      Honduras160
      Nicaragua440
    The quantities of goods of subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50, 1702.90.20 and 2106.90.46 that are entered under subheading 9822.05.20 shall be determined on a raw-value equivalent basis. For purposes of this note, the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (i) for the entry of such articles pending a final determination of polarity; and (ii) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following manner--
    • (A) For articles described in subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 and 2106.90.46 by multiplying the number of kilograms thereof by the greater of 0.93, or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion).
    • (B) For articles described in subheading 1702.90.20, by multiplying the number of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invert sugars) by 1.07.
  • 26. The tariff treatment provided for in heading 9822.05.25 is limited to goods that have been mutually agreed by a party to the Agreement as defined in general note 29(a) and by CITA to fall within the following:
    • (a) hand-loomed fabrics of a cottage industry;
    • (b) hand-made cottage industry goods made of such hand-loomed fabrics; or
    • (c) traditional folklore handicraft goods.
    Such goods must be certified as eligible products of such party by the competent authority of such party, in accordance with any requirements established by CITA.
  • 27. Earned import allowance program.
    • (a) For purposes of heading 9822.06.05, eligible apparel articles wholly assembled in and imported directly from the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate that reflect the amount of credits equal to the total square meter equivalents (SMEs) of fabric in such apparel articles, in accordance with the earned import allowance program established by the Secretary of Commerce. For purposes of determining the quantity of SMEs under this note, the conversion factors listed in "Correlation: U.S. Textile and Apparel Industry Category System with the Harmonized Tariff Schedule fo the United States of America, 2008" or its successor publications, of the United States Department of Commerce shall apply.
    • (b) For purposes of subdivision (a) of this note, the term "eligible apparel articles" means the following articles classified in chapter 62 of the tariff schedule (and meeting the requirements of the rules relating to chapter 62 of the tariff schedule contained in general note 29(n) of such schedule) of cotton (but not of denim): trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts and pants.
  • 28.
    • (a) For purposes of this subchapter, notwithstanding any other provisions of the tariff schedule, the term "goods of Peru, under the terms of general note 32 to the tariff schedule" means goods of Peru that satisfy the requirements of general note 32 to the tariff schedule, except that operations performed in, or material obtained from, the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement as defined in general note 32 to the tariff schedule.
    • (b) The United States Trade Representative (USTR) may promulgate regulations to provide for the entry of goods of Peru under subheading 9822.06.10. Such USTR regulations may, among other things, provide for the issuance of certificates of eligibility to accompany goods of Peru imported under such subheading.
    • (c) Beginning in 2009 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year, using the most recent annual data available, of the amount of the trade surplus (the amount by which Peru's exports to all destinations exceeds its imports from all sources), by volume, for goods of Peru under the terms of general note 32 to the tariff schedule, that are classified in the following subheadings:
      • 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60,
      except that Peru's exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.12, 1701.91 and 1701.99 and its imports of originating goods of the United States classified under subheadings 1702.40 and 1702.60 shall not be included in the calculation of Peru's trade surplus.
    • (d) The aggregate quantity of goods of Peru under the terms of general note 32 to the tariff schedule that may be entered under subheading 9822.06.10 in any calendar year set forth herein shall be the quantity of goods equal to the lesser of the amount of Peru's trade surplus determined under subdivision (c) of this note or the aggregate quantity of goods specified below for Peru for that year.
      YearQuantity(metric tons)YearQuantity(metric tons)
      2/1/09 - 12/31/09 9,000 2017 10,440
      2010 9,180201810,620
      20119,360201910,800
      20129,540202010,980
      20139,720202111,160
      20149,900202211,340
      201510,080202311,520
      201610,260
      In each successive calendar year after 2023, the aggregate quantity for each enumerated country shall be increased, from the aggregate quantity permitted in the prior calendar year, by 180 metric tons annually.
    • (e) The quantities of goods of subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50, 1702.90.20 and 2106.90.46 that are entered under subheading 9822.06.10 shall be determined on a raw-value equivalent basis. For purposes of this note, the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (i) for the entry of such articles pending a final determination of polarity; and (ii) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following manner--
      • (1) For articles described in subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 and 2106.90.46, by multiplying the number of kilograms thereof by the greater of 0.93 or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion).
      • (2) For articles described in subheading 1702.90.20, by multiplying the number of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invert sugars) by 1.07.
  • 29.
    • (a) Heading 9822.06.20 shall apply to textile or apparel goods of chapters 50 through 63 and subheading 9404.90 that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 32 to the tariff schedule and otherwise meet the requirements of such general note 32:
      • (1) 100 percent polyester crushed panné velour fabric, of circular knit construction, weighing not over 271 g/m2, provided for in subheading 6001.92.00;
      • (2) Cuprammonium rayon filament yarn, provided for in subheading 5403.39;
      • (3) Yarn of combed cashmere, combed cashmere blends or combed camel hair, provided for in subheading 5108.20.60;
      • (4) Woven fabrics of synthetic staple fibers, not of square construction, containing more than 70 warp ends and filling picks per square cm, of average yarn number exceeding 135 metric, provided for in subheading 5513.11 or 5513.21;
      • (5) Woven fabrics of cotton, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric, provided for in subheading 5210.21 or 5210.31;
      • (6) Woven fabrics of synthetic filament yarn, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment, of average yarn number exceeding 135 metric, provided for in subheading 5407.81, 5407.82 or 5407.83;
      • (7) Woven fabrics of cotton, of square construction, containing more than 75 warp ends and filling picks per cm2, made with single yarns, of average yarn number 95 or greater metric, provided for in subheading 5208.51;
      • (8) Woven fabrics of cotton, with the warp yarns colored with vegetable dyes and the filling yarns white or colored with vegetable dyes, of average yarn number greater than 65 metric, provided for in subheading 5208.41;
      • (9) Ring spun single yarn of yarn numbers 50 and 84 metric, containing 50 percent or more but less than 85 percent by weight of 1 decitex or finer micro modal fiber, mixed solely with U.S. origin extra long pima cotton, provided for in subheading 5510.30.00;
      • (10) Micro-denier 30 and 36 singles solution dyed, open-end spun, staple spun yarn of viscose rayon fibers, provided for in subheading 5510.11.00;
      • (11) Combed compact yarns of wool or fine animal hair, other than South American camelidae fine hair, provided for in subheading 5107.10, 5107.20 or 5108.20;
      • (12) Plain, twill or satin weave 100 percent polyester filament fabric, measuring 147.3 cm or more but not over 152.4 cm in width, of yarns of at least three different colors, in combinations of 83.3 decitex, 111.1 decitex, 166.7 decitex and 333.3 decitex yarn sizes, with mixes of 25 percent cationic/75 percent disperse, 50 percent cationic/50 percent disperse and 100 percent cationic dyes, provided for in subheading 5407.53.20;
      • (13) Ring spun single yarns of artificial staple fibers, of yarn number 50 metric and higher, of 1 decitex or finer micro modal fibers, provided for in subheading 5510.11.00;
      • (14) 100 percent cotton flannel fabrics, 4-thread twill weave, measuring 148 cm or more but not over 150 cm in width, weighing 136 or more but not over 140 g/m2, formed from yarn-dyed, combed and ring spun single yarns of yarn numbers 48 or more but not over 52 metric warp and filling, average yarn number 48 or more but not over 50 metric of between two and eight yarns of different colors; the foregoing napped on both sides, containing 38 or more but not over 40 warp ends per cm, 28 or more but not over 30 filling picks per cm with a total thread count of 66 or more but not over 70 threads per cm2, provided for in subheading 5208.43.00;
      • (15) 100 percent cotton flannel fabrics, of 4-thread herringbone twill weave, measuring 142 cm or more but not over 145 cm in width, weighing 301 or more but not over 303 g/m2, formed from yarn-dyed, combed and ring spun single yarns of yarn numbers 35/2 or 36/2 metric warp and filling, ring spun, with an overall average yarn number 32 or more but not over 34 metric, of two or more yarns of different colors in the warp and filling; napped on both sides, containing 25 or 26 warp ends per cm, 23 or 24 filling picks per cm and a total of 48 or more but not over- 50 threads per cm2 , provided for in subheading 5208.43.00;
      • (16) 100 percent cotton flannel fabrics, measuring 148 cm or more but not over 152 cm in width, weighing 325 or more but not over 327 g/m2, of 4-thread double faced irregular 1 x 3 sateen twill weave, formed from yarn-dyed, combed and ring spun single yarns of yarn numbers 50 or more but not over 52 metric warp, 23 or more but not over 25 metric filling and an overall average yarn number 28 or more but not over 30 metric, the foregoing printed on one side on yarns of different colors; napped on both sides and sanforized, containing 33 or more but not over 35 warp ends per cm, 57 or more but not over 59 filling picks per cm and a total of 90 or more but not over 94 threads per cm2, provided for in subheading 5208.43.00;
      • (17) 100 percent cotton flannel fabrics, measuring 168 cm or more but not over 172 cm in width, weighing 176 or more but not over 182 g/m2 , dyed, carbon emerized on both sides, 4-thread twill weave, the foregoing formed from yarn-dyed, combed and ring spun single yarns of yarn numbers 39/1 or more but not over 41/1 metric combed ring spun warp, 39/1 or more but not over 41/1 carded ring spun filling and an overall average yarn number of 38 or more but not over 40 metric, containing 43 or more but not over 45 warp ends per cm, 24 or more but not over 26 filling picks per cm, with a total of 61 or more but not over 71 threads per cm2, provided for in subheading 5208.43.00;
      • (18) 100 percent cotton flannel fabrics, measuring 148 cm or more but not over 152 cm in width, weighing 150 or more but not over 160 g/m2, 4-thread 2x2 twill weave, the foregoing formed from yarn-dyed, combed and ring spun single yarns of different colors, napped, with yarn numbers 34 metric warp and filling, ring spun and combed, two ply, and an average yarn number of 60 or more but not over 62 metric, containing 50 or more but not over 52 warp ends per cm, 45 or more but not over 46 filling picks per cm and a total thread count of 92 or more but not over 98 threads per square cm, provided for in subheading 5208.43.00; or
      • (19) Any other fabric, yarn or fiber that the Committee for Implementation of Textile Agreements (CITA) determines in a notice published in the Federal Register on or after February 1, 2009, is not available in commercial quantities in a timely manner in the territory of Peru, the United States or both, subject to any quantitative limitations that CITA may establish for the fabric, yarn or fiber.
    • (b) The United States Trade Representative may modify the enumeration of designated fabrics, yarns and fibers set forth in subdivision (a) of this note, to reflect CITA determinations described in subdivision (a) of this note, in a notice published in the Federal Register.
  • 30.
    • (a) The tariff treatment provided for in heading 9822.06.25 is limited to goods that have been mutually agreed by Peru and by the United States and determined by CITA to fall within the following provisions:
      • (1) hand-loomed fabrics of a cottage industry;
      • (2) hand-made cottage industry goods made of such hand-loomed fabrics; or
      • (3) traditional folklore handicraft goods.
      • (4) handmade goods that substantially incorporate a historical or traditional regional design or motif.
      A historical or traditional regional design or motif includes, but is not limited to, depictions of traditional geometric patterns or native objects, landscapes, animals, or people.
    • (b) Such goods must be certified as eligible products of Peru by the competent authority of Peru, in accordance with any requirements established by the Committee for Implementation of Textile Agreements.
  • 31.
    • (a) Subheadings 9822.07.10 through 9822.07.25 and the quantitative limitations set forth in subdivision (b) of this note apply to nonoriginating goods of Korea, provided for in subheading 2402.20 of the tariff schedule. The provisions of this note and such subheadings shall apply to such goods of Korea that contain nonoriginating tobacco of heading 2401, provided that: (a) leaf tobacco of heading 2401 that has been grown and harvested in the United States constitutes not less than 30 percent by weight of the tobacco contained in such goods; or (b) originating leaf tobacco of heading 2401 constitutes not less than 60 percent by weight of the tobacco contained in such goods. Nonoriginating goods of Korea entered in excess of the quantitative limitation set forth herein in any calendar year beginning with 2012 shall receive the column 1-general rate of duty provided for in the appropriate provision in chapter 24. No originating goods of Korea, under the terms of general note 33 to the tariff schedule, shall be permitted or included under these subheadings.
    • (b) The aggregate quantity of goods of Korea entered under subheadings 9822.07.10 through 9822.07.25 in any calendar year shall not exceed the quantity specified below for that year.
      YearQuantity(Thousands)YearQuantity(Thousands)
      3/15/2012-12/31/2012 1,100,00020162,100,000
      20131,350,00020172,300,000
      20141,600,0002018 and thereafter 2,500,000
      20151,850,000
  • 32.
    • (a) In the period of May 15, 2012 through December 31, 2012, the aggregate quantity of goods of Colombia, as defined in General Note 34, described in U.S. note 32 to this subchapter, that is entered under subheading 9822.08.01 shall be limited to 50,000 metric tons.
    • (b) Beginning in 2013 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year, using the most recent annual data available, of the amount of Colombia's trade surplus (the amount by which Colombia's exports to all destinations exceeds its imports from all sources), by volume, for goods classified in the following subheadings:
      1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60,
    • except that Colombia's exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 and its imports of originating goods of the United States classified under subheadings 1702.40 and 1702.60 shall not be included in the calculation of that country's trade surplus.
    • (c)
      • (i) The aggregate quantity of goods of Colombia, as defined in such general note 34, that may be entered under subheading 9822.08.01 in any calendar year set forth herein shall be the quantity of goods equal to the lesser of (1) the amount of Colombia's trade surplus determined under subdivision (b) of this note, or (2) the aggregate quantity of goods specified below for Colombia for that year.
        YearQuantity(metric tons)YearQuantity(metric tons)
        201350,750202056,000
        2014 51,500202156,750
        201552,250202257,500
        201653,000202358,250
        201753,750202459,000
        201854,500202559,750
        201955,250202660,500
        In each successive calendar year after 2026, the aggregate quantity for each enumerated country shall be increased, from the aggregate quantity permitted in the prior calendar year, by 750 metric tons annually.
      • (ii) The quantities of goods of subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50, 1702.90.20 and 2106.90.46 that are entered under subheading 9822.08.01 shall be determined on a raw-value equivalent basis. For purposes of this note, the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (i) for the entry of such articles pending a final determination of polarity; and (ii) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following manner--
        • (A) For articles described in subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 and 2106.90.46 by multiplying the number of kilograms thereof by the greater of 0.93, or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion).
        • (B) For articles described in subheading 1702.90.20, by multiplying the number of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invert sugars) by 1.07.
  • (d) For purposes of subheading 9822.08.01, notwithstanding any other provisions of the tariff schedule, the term "goods of Colombia, under the terms of general note 34 to the tariff schedule" means goods of Colombia that satisfy the requirements of general note 34 to the tariff schedule, except that operations performed in, or material obtained from, the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the agreement specified in such general note 34 to the tariff schedule.
  • 33.
    • (a) Heading 9822.08.25 shall apply to textile or apparel goods of Colombia of chapters 42, 50 through 63 and 94 of the tariff schedule that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 34 (m)(vii) to the tariff schedule and that otherwise meet the requirements of such general note 34:
      • (1) Crushed panné velour fabrics classified in subheading 6001.92.00, of circular knit construction, wholly of polyester;
      • (2) Cuprammonium rayon filament yarn classified in subheading 5403.39;
      • (3) Yarns of combed cashmere, combed cashmere blends or combed camel hair classified in subheading 5108.20.60;
      • (4) Fabrics classified in subheading 5513.11 or 5513.21, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric;
      • (5) Fabrics classified in subheading 5210.21 or 5210.31, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric;
      • (6) Fabrics classified in subheading 5407.81, 5407.82 or 5407.83, weighing less than 170 g/cm2, having a dobby weave created by a dobby attachment, of average yarn number exceeding 135 metric;
      • (7) Fabrics classified in subheading 5208.51, of square construction, containing more than 75 warp ends and filling picks per cm2, made with single yarns, of average yarn number 95 or greater metric;
      • (8) Fabrics classified in subheading 5208.41, with the warp colored with vegetable dyes, and the filling yarns white or colored with vegetable dyes, of average yarn number greater than 65 metric;
      • (9) Ring spun single yarn classified in subheading 5510.30.00, of English yarn numbers 30 and 50, containing 50 percent or more but less than 85 percent by weight of 0.9 denier or finer micro modal fibers, mixed solely with U.S.-origin extra long pima cotton;
      • (10) Micro-denier 30 and 36 singles solution dyed, open-end spun, staple spun viscose yarn classified in subheading 5510.11.00;
      • (11) Combed compact yarns of wool or fine animal hair (except South American camelidae fine hair), classified in subheading 5107.10, 5107.20 or 5108.20;
      • (12) "Fancy" polyester filament fabrics classified in subheading 5403.53.20, wholly of polyester, of plain, twill or satin weave; containing at least three different yarns each of which is dyed a different color; in combinations of 75 denier, 100 denier, 150 denier and 300 denier yarn sizes, with mixes of 25 percent cationic/75 percent disperse, 50 percent cationic/50 percent disperse and 100 percent cationic; the foregoing either (1) flat fabrics weighing not more than 170 g/m2 or (2) fabrics other than flat fabrics, weighing more than 170 g/m2 ;
      • (13) Ring spun single yarns of English yarn number 30 and higher, of 0.9 denier or finer micro modal fibers, classified in subheading 5510.11.00;
      • (14) Fabrics wholly of cotton, flannel, of 4-thread twill weave, of yarn-dyed, combed and ring spun single yarns; weighing 136 or more but not over 140 g/m2; measuring 148 or more but not over 150 cm in width; having a thread count of 38 through 40 warp ends per cm and 28 through 30 filling picks per cm and a total thread count of 66 through 70 threads per cm2; of a yarn number of 48 through 52 metric warp and filling, with average yarn number 48 through 50 metric; of two or more and up to eight yarns of different colors; napped on both sides; the foregoing classified in subheading 5208.43.00;
      • (15) Fabrics wholly of cotton, flannel, of 4-thread Herringbone twill weave, of yarn-dyed, combed and ring spun single yarns; weighing 301 or more but not over 303 g/m2; measuring 142 or more but not over 145 cm in width; having a thread count of 25 through 26 warp ends per cm and 23 through 24 filling picks per cm and a total thread count of 48 through 50 threads per cm2; of a yarn number of 35/2 through 36/2 metric warp and filling, with average yarn number 32 through 34 metric; of two or more yarns of different colors in the warp and filling; napped on both sides; the foregoing classified in subheading 5208.43.00;
      • (16) Fabrics wholly of cotton, flannel, of 4-thread twill weave (double faced irregular 1 x 3 sateen), of yarn-dyed, combed and ring spun single yarns; weighing 325 or more but not over 327 g/m2; measuring 148 or more but not over 152 cm in width; having a thread count of 33 through 35 warp ends per cm and 57 through 59 filling picks per cm and a total thread count of 90 through 94 threads per cm2; of a yarn number of 50 through 52 metric warp and 23 through 25 filling, with overall average yarn number 32 through 34 metric; printed on one side on yarns of different colors; napped on both sides; sanforized®; the foregoing classified in subheading 5208.43.00;
      • (17) Fabrics wholly of cotton, flannel, of 3-thread or 4-thread twill weave, of yarn-dyed, combed and ring spun single yarns; weighing 176 or more but not over 182 g/m2; measuring 168 or more but not over 172 cm in width; having a thread count of 43 through 45 warp ends per cm and 24 through 26 filling picks per cm and a total thread count of 61 through 71 threads per cm2; of a yarn number of 39/1 through 41/1 metric combed ring spun warp and 39/1 through 41/1 carded ring spun filling, with overall average yarn number 38 through 40 metric; piece dyed; carbon emerized on both sides; the foregoing classified in subheading 5208.43.00;
      • (18) Fabrics wholly of cotton, flannel, of 4-thread 2 x 2 twill weave, of yarn-dyed, combed and ring spun single yarns; weighing 150 or more but not over 160 g/m2; measuring 148 or more but not over 152 cm in width; having a thread count of 50 through 52 warp ends per cm (25 through 26 x two plies) and 45 through 46 filling picks per cm (21 through 23 x two plies) and a total thread count of 92 through 98 threads per cm2 (46 through 49 x two plies); of a yarn number of 34 metric warp and filling, ring spun and combed, two ply yarns, with average yarn number 60 through 62 metric; of yarns of different colors; napped; the foregoing classified in subheading 5208.43.00;
      • (19) Any other fabric, yarn or fiber that the Committee for Implementation of Textile Agreements (CITA) determines in a notice published in the Federal Register pursuant to Public Law 112-42 is not available in commercial quantities in a timely manner in the territory of Colombia or of the United States, subject to any quantitative limitations that CITA may establish for the fabric, yarn or fiber.
    • (b) The United States Trade Representative may modify the enumeration of designated fabrics, yarns and fibers set forth in this note to reflect CITA determinations described in subdivision (a), above, in a notice published in the Federal Register.
  • 34.
    • (a) The tariff treatment provided for in heading 9822.08.35 is limited to goods that have been mutually agreed by Colombia and by the United States and determined by the Committee for Implementation of Textile Agreements (CITA) to fall within the following provisions:
      • (1) hand-loomed fabrics of a cottage industry;
      • (2) hand-made cottage industry goods made of such hand-loomed fabrics;
      • (3) traditional folklore handicraft goods; or
      • (4) handmade goods that substantially incorporate a historical or traditional regional design or motif.
      A historical or traditional regional design or motif includes, but is not limited to, depictions of traditional geometric patterns or native objects, landscapes, animals or people.
    • (b) Such goods must be certified as eligible products of Colombia by the competent authority of Colombia, in accordance with any requirements established by CITA.
  • 35.
    • (a) Beginning in 2012 and in successive years thereafter, the Office of the United States Trade Representative shall publish in the Federal Register a determination for that calendar year, using the most recent annual data available, of the amount of Panama's trade surplus (the amount by which Panama's exports to all destinations exceeds its imports from all sources), by volume, for goods of Panama under the terms of general note 35 to the tariff schedule that are classified in the following subheadings: 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, except that Panama's exports to the United States of goods classified in subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 and its imports of originating goods of the United States classified in subheadings 1702.40 and 1702.60 shall not be included in the calculation of Panama's trade surplus.
    • (b) During the period from October 31, 2012 through the close of December 31, 2012, the aggregate quantity of originating goods of Panama, under the terms of general note 35 to the tariff schedule, that may be entered under subheading 9822.09.17 shall be zero.
    • (c) The aggregate quantity of originating goods of Panama, under the terms of general note 35 to the tariff schedule, that may be entered under subheading 9822.09.17 in any calendar year as provided herein shall be the quantity goods equal to the lesser of the amount of Panama's trade surplus determined under subdivision (a) of this note, or the aggregate quantity of goods specified below for Panama for that year:
      YearQuantity(metric tons)YearQuantity(metric tons)
      20135102020545
      2014 5152021550
      20155202022555
      20165252023560
      20175302024565
      20185352025570
      20195402026575
      In each successive calendar year after 2026, the aggregate quantity for such goods of Panama shall be increased, from the aggregate quantity permitted in the prior calendar year, by 5 metric tons annually.
    • (d) The United States may administer the duty-free quantities established in this note through regulations, including licenses.
  • 36. The aggregate quantity of originating goods of Panama entered under subheading 9822.09.18 in any calendar year shall not exceed the quantity specified below for that year:
    YearQuantity(metric tons)YearQuantity(metric tons)
    10/31/2012-12/31/20126,060 2017 6,360
    20136,12020186,420
    20146,180 20196,480
    20156,240 20206,540
    20166,3002021 and thereafter 6,600
    The United States may administer the duty-free quantities established in this note through regulations, including licenses.
  • 37. The quantities of goods of Panama under subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50, 1702.90.20 and 2106.90.46 that are entered under subheading 9822.09.17 or 9822.09.18 shall be determined on a raw-value equivalent basis. For purposes of this note, the term "raw value" means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with the regulations or instructions issued by the Secretary of the Treasury. Such regulations or instructions may, among other things, provide: (i) for the entry of such articles pending a final determination of polarity; and (ii) that positive or negative adjustments for differences in preliminary and final raw values be made in the same or succeeding quota periods. The principal grades and types of sugar shall be translated into terms of raw value in the following manner:
    • (a) For articles described in subheadings 1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.99.50 and 2106.90.46, by multiplying the number of kilograms thereof by the greater of 0.93 or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion); and
    • (b) For articles described in subheading 1702.90.20, by multiplying the number of kilograms of the total sugars thereof (the sum of the sucrose and reducing or invest sugars) by 1.07.
  • 38. For purposes of subheading 9822.09.20, the aggregate quantity of specialty sugars as provided for in additional U.S. note 5 to chapter 17 that are originating goods of Panama and entered under such subheading shall not exceed 500 metric tons in any year. The United States may administer the duty-free quantities established in this note through regulations, including licenses.
  • 39. For a textile or apparel good provided for in chapters 61 through 63 of the tariff schedule that is not an originating good under general note 35 to the tariff schedule and for which the duty treatment set forth in heading 9822.09.61 is claimed, the rate of duty set forth in the general subcolumn of rate of duty column 1 shall apply only on the value of the assembled good minus the value of fabrics formed in the United States, components knit-to-shape in the United States and any other materials of U.S. origin used in the production of such a good, provided that the good is sewn or otherwise assembled in the territory of Panama from thread wholly formed in the United States, from fabrics wholly formed in the United States and cut in Panama or from components knit-to-shape in the United States, or both. For purposes of this note--
    • (a) a fabric is wholly formed in the United States if all the production processes and finishing operations, starting with the weaving, knitting, needling, tufting, felting, entangling or other process, and ending with a fabric ready for cutting or assembly without further processing, took place in the United States; and
    • (b) a thread is wholly formed in the United States if all the production processes, starting with the extrusion of filaments, strips, film or sheet, and including slitting a film or sheet into strip, or the spinning of all fibers into thread, or both, and ending with thread, took place in the United States.
  • 40.
    • (a) Heading 9822.09.62 shall apply to textile or apparel goods of Panama of chapters 50 through 63 and subheading 9404.90 of the tariff schedule that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 35(d)(ii) to the tariff schedule and that otherwise meet the requirements of such general note 35:
      • (1) velveteen fabrics classified in subheading 5801.23;
      • (2) corduroy fabrics classified in subheading 5801.22, containing 85 percent or more by weight of cotton and containing more than 7.5 wales per cm;
      • (3) fabrics of wool, classified in subheading 5111.11 or 5111.19, hand-woven, with a loom width of less than 76 cm, woven in the United Kingdom in accordance with the rules and regulations of the Harris Tweed Association, Ltd., and so certified by the Association;
      • (4) fabrics classified in subheading 5112.30, weighing not more than 340 g/m2, containing wool, not less than 20 percent by weight of fine animal hair and not less than 15 percent by weight of man-made staple fibers;
      • (5) batiste fabrics of polyester staple fibers, classified in subheading 5513.11 or 5513.21, of square construction, of single yarns exceeding 76 metric count, containing between 60 and 70 warp ends and filling picks per cm2, of a weight not exceeding 110 g/m2;
      • (6) fabrics of cotton, classified in subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 5208.42, 5208.49, 5208.51, 5208.52 or 5208.59, of average yarn number exceeding 135 metric;
      • (7) fabrics of polyester staple fibers, classified in subheading 5513.11 or 5513.21, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 metric;
      • (8) fabrics classified in subheading 5210.21 or 5210.31, of cotton, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 70 metric;
      • (9) fabrics classified in subheading 5208.22 or 5208.32, of cotton, not of square construction, containing more than 75 warp ends and filling picks per cm2, of average yarn number exceeding 65 metric;
      • (10) fabrics of synthetic filament yarn, classified in subheading 5407.81, 5407.82 or 5407.83, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment;
      • (11) fabrics classified in subheading 5208.42 or 5208.49, of cotton, not of square construction, containing more than 85 warp ends and filling picks per cm2, of average yarn number exceeding 85 metric;
      • (12) fabrics classified in subheading 5208.51, of cotton, of square construction, containing more than 75 warp ends and filling picks per cm2, made with single yarns, of average yarn number equal to or exceeding 95 metric;
      • (13) fabrics classified in subheading 5208.41, of cotton, of square construction, with a gingham pattern, containing more than 85 warp ends and filling picks per cm2, made with single yarns, of average yarn number equal to or exceeding 95 metric and characterized by a check effect produced by the variation in color of the yarns in the warp and filling;
      • (14) fabrics classified in subheading 5208.41, of cotton, with the warp colored with vegetable dyes and the filling yarns white or colored with vegetable dyes, of average yarn number exceeding 65 metric;
      • (15) circular knit fabric, wholly of cotton yarns, exceeding 100 metric number per single yarn, classified in tariff item 6006.21.10, 6006.22.10, 6006.23.10 or 6006.24.10;
      • (16) 100 percent polyester crushed panné velour fabric of circular knit construction, not over 271 g/m2, classified in tariff item 6001.92.00;
      • (17) viscose rayon yarns classified in subheading 5403.31 or 5403.32;
      • (18) yarns of combed cashmere, combed cashmere blends or combed camel hair classified in tariff item 5108.20.60;
      • (19) two elastomeric fabrics used in waistbands, classified in tariff item 5903.90.25, comprising (1) a knitted outer-fusible fabric with a fold line knitted into the fabric, having a 45 mm wide base substrate, knitted in narrow width, containing by weight 49 percent polyester, 43 percent elastomeric filament and 8 percent nylon with a weight of approximately 124.7 g (4.4 ounces) per hundred linear yards of conditioned and relaxed fabric, a 110/110 stretch, and a dull yarn, stretch elastomeric material with an adhesive (thermoplastic resin) coating; such 45-mm width divided as follows: 34-mm solid, followed by a 3-mm seam allowing it to fold over, followed by 8 mm of solid; and (2) a knitted inner-fusible fabric with an adhesive (thermoplastic resin) coating applied after going through a finishing process to remove all shrinkage from the product; such fabric a 40-mm synthetic fiber based, stretch elastomeric fusible consisting of 80 percent nylon type 6 and 20 percent elastomeric filament with a weight of approximately 124.7 (4.4 ounces) per hundred linear yards of conditioned and relaxed fabric, a 110/110 stretch, and a dull yarn;
      • (20) fabrics classified in subheading 5210.21 or 5210.31, of cotton, not of square construction, containing more than 70 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric;
      • (21) fabrics classified in subheading 5208.22 or 5208.32, of cotton, not of square construction, containing more than 75 warp ends and filling picks per cm2, of average yarn number exceeding 135 metric;
      • (22) fabrics of synthetic filament yarn classified in subheading 5407.81, 5407.82, or 5407.83, weighing less than 170 g/m2, having a dobby weave created by a dobby attachment of average yarn number exceeding 135 metric;
      • (23) cuprammonium rayon filament yarn classified in subheading 5403.39;
      • (24) fabrics classified in subheading 5208.42 or 5208.49, of cotton, not of square construction, containing more than 85 warp ends and filling picks per cm2, either of average yarn number exceeding 85 metric or, if Oxford construction, of average yarn number exceeding 135 metric;
      • (25) single ring-spun yarns of artificial staple fibers, of yarn numbers 51 and 85 metric, containing 50 percent or more but less than 85 percent by weight of 1 decitex (0.9 denier) or finer micro modal fiber, mixed solely with U.S.-origin extra long pima cotton, such yarns classified in subheading 5510.30;
      • (26) tow of viscose rayon classified in heading 5502;
      • (27) 100 percent cotton woven flannel fabrics, classified in tariff item 5208.43.00, the foregoing of single ring-spun yarns of different colors, of yarn numbers 21 through 36 metric, of 2 x 2 twill weave construction, weighing not more than 200 g/m2;
      • (28) fabrics classified in the following tariff items, the foregoing of average yarn number exceeding 93 metric: 5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50, 5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, 5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, 5210.29.80, 5210.31.80, 5210.39.80, 5210.41.80, 5210.49.80, 5210.51.80 or 5210.59.80;
      • (29) yarns of carded cashmere or of carded camel hair, classified in tariff item 5108.10.60, used to produce woven fabrics classified in subheading 5111.11 or 5111.19;
      • (30) acid-dyeable acrylic tow classified in subheading 5501.30, for production of yarns classified in subheading 5509.31;
      • (31) untextured flat yarns of nylon classified in tariff item 5402.41.90, either (1) of nylon, 7 denier/5 filament nylon 66 untextured (flat) semi-dull yarn, multifilament, untwisted or with a twist not exceeding 50 turns/m; (2) of nylon, 10 denier/7 filament nylon 66 untextured (flat) semi-dull yarn, multifilament, untwisted or with a twist not exceeding 50 turns/m; or (3) of nylon, 12 denier/5 filament nylon 66 untextured (flat) semi-dull yarn; multifilament, untwisted or with a twist not exceeding 50 turns/m;
      • (32) woven fabric classified in tariff item 5515.13.10, of polyester staple fibers mixed with combed wool, containing less than 36 percent by weight of wool;
      • (33) knitted fabric containing by weight 85 percent spun silk and 15 percent wool, weighing 210 g/m2, classified in tariff item 6006.90.10;
      • (34) woven fabrics classified in subheading 5512.99, containing 100 percent by weight of synthetic staple fibers, not of square construction, of average yarn number exceeding 55 metric;
      • (35) woven fabrics classified in subheadings 5512.21 or 5512.29, containing 100 percent by weight of acrylic fibers, of average yarn number exceeding 55 metric;
      • (36) rayon filament sewing thread, classified in subheading 5401.20;
      • (37) poplin or broadcloth, ring spun, woven fabric containing by weight 97 percent cotton and 3 percent Lycra©, of number 42 or lower number, classified in tariff item 5208.32.30;
      • (38) tri-blend woven fabric (except blue denim or jacquard weave) of yarns of different colors, containing by weight 74 percent of polyester, 22 percent of nylon and 4 percent of spandex by weight, classified in tariff item 5512.99.00;
      • (39) two-way stretch woven fabric (except blue denim, jacquard weave, poplin, broadcloth, sheeting, printcloth, cheesecloth, lawns, voiles, batistes, duck, satin weave, twill weave or Oxford cloth) containing by weight 62 percent polyester, 32 percent rayon and 6 percent spandex, other than of yarns of different colors, classified in tariff item 5515.19.00;
      • (40) two-way stretch woven fabric (except blue denim, jacquard weave, poplin, broadcloth, sheeting, printcloth, cheesecloth, lawns, voiles, batistes, duck, satin weave, twill weave or Oxford cloth) containing by weight 71 percent polyester, 23 percent rayon and 6 percent spandex, other than of yarns of different colors, classified in tariff item 5515.19.00;
      • (41) dyed rayon blend herringbone twill fabric, containing 70 percent rayon and 30 percent polyester by weight, weighing more than 200 g/m2, classified in subheading 5516.92;
      • (42) printed 100 percent rayon herringbone fabric, weighing more than 200 g/m2, classified in subheading 5516.14;
      • (43) Leaver's lace classified in subheading 5804.21 or 5804.29;
      • (44) any other fabric, yarn or fiber that the Committee for Implementation of Textile Agreements (CITA) determines in a notice published in the Federal Register pursuant to Public Law 112-43 is not available in commercial quantities in a timely manner in the territory of Panama or of the United States, subject to any quantitative limitations that CITA may establish for the fabric, yarn or fiber.
    • (b) The United States Trade Representative may modify the enumeration of designated fabrics, yarns and fibers set forth in this note to reflect CITA determinations described in subdivision (a), above, in a notice published in the Federal Register.
  • 41. Heading 9822.09.63 shall apply to dresses of heading 6204 and shirts and blouses of heading 6205, 6206 or 6211(whether or not such goods are originating goods under the terms of general note 35 to the tariff schedule) containing the following:
    • (a) short or long sleeves;
    • (b) a center front placket with button closure that runs the full length of the good;
    • (c) a collar and yoke;
    • (d) either pleats or embroidery that run the full length of the good on both sides of the center front placket from the yoke to the hem with a decorative button where the pleats or embroidery meet the yoke;
    • (e) corresponding pleats or embroidery that run the full length of the good on both sides of the back from the yoke to the hem with a decorative button where the pleats or embroidery meet the yoke;
    • (f) four pockets with buttons on the front of the good;
    • (g) a straight hem; and
    • (h) side vents or slits with a button closure,
    provided that the good is both cut and sewn or otherwise assembled in the territory of the United States or Panama.
  • 42. Heading 9822.09.65 shall apply to babies' socks and booties classified in subheadings 6111.20.60, 6111.30.50 or 6111.90.50 and to socks classified in subheadings 6115.91 through 6115.99, inclusive (whether or not any of the foregoing goods are originating goods under the terms of general note 35 to the tariff schedule), provided that the good is sewn or otherwise assembled in Panama with thread wholly formed and finished in the United States from components knit-to-shape in the United States from yarns wholly formed and finished in the United States.
  • 43. The tariff treatment provided for in heading 9822.09.70 is limited to goods that have been mutually agreed by Panama and by the United States and determined by the Committee for Implementation of Textile Agreements (CITA) to fall within the following provisions:
    • (a) hand-loomed fabrics of a cottage industry;
    • (b) hand-made cottage industry goods made of such hand-loomed fabrics;
    • (c) traditional folklore handicraft goods; or
    • (d) textile or apparel goods that substantially incorporate one or more molas;
    provided that goods entered under such heading have been certified as eligible products by the competent authority of Panama, in accordance with any requirements established by CITA.

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