page 166    CBTPA
17. Products of Countries Designated as Beneficiary Countries under the United States-Caribbean Basin Trade Partnership Act of 2000.

(a) The Caribbean Basin countries that will be enumerated in this note in a Federal Register notice by the United States Trade Representative, having previously been designated by the President pursuant to section 211 of the United States-Caribbean Basin Trade Partnership Act (CBTPA), shall be treated as beneficiary countries for purposes of this note on and after the effective date announced in such notice. The following countries have been determined by the USTR to have satisfied the customs requirements of the CBTPA and, therefore, to be afforded the tariff treatment provided for in this note:

Barbados, Belize, Curaçao, Guyana, Haiti, Jamaica, Saint Lucia, Trinidad and Tobago.

(b) Except as provided in subdivision (d) of this note, articles provided for in a provision for which a rate of duty appears in the “Special” subcolumn followed by the symbol “R” in chapters 1 through 97 of the tariff schedule are those designated by the President to be eligible articles for purposes of the CBTPA pursuant to section 211 of that Act. Whenever an eligible article which is a good of one or more designated beneficiary CBTPA countries enumerated in subdivision (a) of this note is imported directly into the customs territory of the United States, such article shall be entitled to receive the duty-free or reduced duty treatment provided for herein, provided that such good--

(i) was wholly obtained or produced entirely in the territory of one or more designated beneficiary countries enumerated in subdivision (a) of this note, or

(ii) would be an originating good for purposes of general note 12 to the tariff schedule, if such good were imported thereunder.

No article or material of a designated beneficiary country enumerated in subdivision (a) of this note and receiving the tariff treatment specified in this note shall be eligible for such duty-free treatment by virtue of having merely undergone simple combining or packing operations, or mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article.

(c) Whenever a rate of duty other than “Free” appears in the “Special” rates of duty subcolumn for any heading or subheading followed by the symbol “E” or “E*” and a lower rate of duty appears in such subcolumn followed by the symbol “R”, an eligible article under the terms of this note entered under such provision from a designated beneficiary CBTPA country enumerated in subdivision (a) of this note shall receive such lower rate of duty.

(d) Subdivision (b)(ii) of this note shall not apply to footwear provided for in any of subheadings 6403.59.60, 6403.91.30, 6403.99.60 and 6403.99.90 of the tariff schedule, and footwear provided for in any such subheading shall be eligible for the rate of duty set forth in the “Special” rates of duty subcolumn followed by the symbol “R” in parentheses if--

(i) the article of footwear is the growth, product or manufacture of a designated beneficiary country enumerated in subdivision (a) of this note; and

(ii) the article meets all requirements of general note 7 to the tariff schedule other than being the growth, product or manufacture of a beneficiary country set forth in subdivision (a) of such general note 7.

(e) (i) Articles that undergo production in a CBTPA beneficiary country and a former CBTPA beneficiary country.

(A) For purposes of determining eligibility of an article for preferential treatment under this note, references to--

(1) a “CBTPA beneficiary country” shall be considered to include any former CBTPA beneficiary country, and

(2) “CBTPA beneficiary countries” shall be considered to include former CBTPA beneficiary countries,

if the article, or good used in the production of the article, undergoes production in a CBTPA beneficiary country.

(B) An article that is eligible for preferential treatment under subdivision (e)(i) of this note shall not be ineligible for such treatment because the article is imported directly from a former CBTPA beneficiary country.

(C) Notwithstanding subdivisions (e)(i)(A) and (e)(i)(B), an article that is a good of a former CBTPA beneficiary country for purposes of section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) or section 334 of the Uruguay Round Agreements Act (19 U.S.C. 3592), as the case may be, shall not be eligible for preferential treatment under this note.