1
 See References in Text note below.
of this title, shall enter the United States free of duty and free of any quantitative limitations in accordance with the provisions set forth in subsection (b), if the country has satisfied the requirements set forth in
2
 So in original. Probably should be followed by a comma.
the preferential treatment described in subsection (a) shall apply through
3
 So in original. Probably should be followed by “beneficiary”.
sub-Saharan African country” means a country that, after being designated as a beneficiary sub-Saharan African country under this chapter 
4
 See References in Text note below.
, ceased to be designated as such a beneficiary sub-Saharan country by reason of its entering into a free trade agreement with the United States.
References in Text

Section 2466a(c) of this title, referred to in subsec. (a), was redesignated section 2466a(e) of this title by Pub. L. 114–27, title I, § 105(b), (c), June 29, 2015, 129 Stat. 366.

The Harmonized Tariff Schedule of the United States, referred to in subsec. (b), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

This chapter, referred to in subsec. (f)(4), was in the original “this Act”, and was translated as reading “this title”, meaning title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classification of title I to the Code, see Short Title note set out under section 3701 of this title and Tables.

Amendments

2020—Subsec. (b)(5)(A). Pub. L. 116–260, § 602(a)(1)(A), substituted “Annex 4–B of the USMCA” for “Annex 401 to the NAFTA”.

Subsec. (f)(3). Pub. L. 116–260, § 602(a)(1)(B), added par. (3) and struck out former par. (3) which defined “NAFTA”.

2015—Subsec. (b)(3)(A)(i). Pub. L. 114–27, § 103(b)(2)(A), substituted “21 succeeding” for “11 succeeding”.

Subsec. (b)(3)(A)(ii)(II). Pub. L. 114–27, § 103(b)(2)(B), substituted “September 30, 2025” for “September 30, 2015”.

Subsec. (c)(1). Pub. L. 114–27, § 103(b)(3)(A), substituted “September 30, 2025” for “September 30, 2015” in heading.

Subsec. (c)(1)(A). Pub. L. 114–27, § 103(b)(3)(B), substituted “September 30, 2025” for “September 30, 2015”.

Subsec. (c)(1)(B)(ii). Pub. L. 114–27, § 103(b)(3)(C), substituted “September 30, 2025” for “September 30, 2015”.

Subsec. (g). Pub. L. 114–27, § 103(b)(1), substituted “September 30, 2025” for “September 30, 2015”.

2012—Subsec. (c)(1). Pub. L. 112–163, § 1(a)(1), substituted “2015” for “2012” in heading.

Subsec. (c)(1)(A). Pub. L. 112–163, § 1(a)(2), substituted “2015” for “2012”.

Subsec. (c)(1)(B)(ii). Pub. L. 112–163, § 1(a)(3), substituted “2015” for “2012”.

2008—Subsec. (b)(3)(B), (C). Pub. L. 110–436, § 3(d), made technical correction to directory language of Pub. L. 109–432, § 6002(a)(2)(B). See 2006 Amendment note below.

Subsec. (b)(6)(A). Pub. L. 110–436, § 3(a)(1), substituted “ethnic” for “ethic” in second sentence.

Subsec. (c)(1)(A). Pub. L. 110–436, § 3(a)(2)(A), struck out “, and subject to paragraph (2),” after “described in subsection (b)”.

Subsec. (c)(2). Pub. L. 110–436, § 3(a)(2)(B), (C)(ii), redesignated par. (4) as (2) and struck out former par. (2) which provided special rules for products in commercial quantities in Africa.

Subsec. (c)(3). Pub. L. 110–436, § 3(a)(2)(B), (D), added par. (3) and struck out former par. (3) which provided for removal of designation of fabrics or yarns not available in commercial quantities.

Subsec. (c)(4). Pub. L. 110–436, § 3(a)(2)(C), substituted “Subsection (b)(3)(B)” for “Subsection (b)(3)(C)” and redesignated par. (4) as (2).

Subsec. (c)(5). Pub. L. 110–436, § 3(a)(2)(D), struck out par. (5) which defined “applicable 1-year period”, “Commission”, “enter” and “entry”, and “lesser developed beneficiary sub-Saharan African country”.

2006—Subsec. (b). Pub. L. 109–432, § 6002(a)(2)(A), substituted “Subject to subsection (c), the” for “The” in introductory provisions.

Subsec. (b)(3)(B), (C). Pub. L. 109–432, § 6002(a)(2)(B), as amended by Pub. L. 110–436, § 3(d), redesignated subpar. (C) as (B) and struck out former subpar. (B), which related to extension of preferential treatment though Sept. 30, 2007, for apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries.

Subsec. (b)(5)(C). Pub. L. 109–432, § 6003(1), added subpar. (C).

Subsec. (b)(8). Pub. L. 109–432, § 6002(b), added par. (8).

Subsecs. (c), (d). Pub. L. 109–432, § 6002(a)(1), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 109–432, § 6002(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(3). Pub. L. 109–432, § 6002(c), substituted “subsections (b) and (c)” for “subsection (b)” in concluding provisions.

Subsec. (f). Pub. L. 109–432, § 6002(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (f)(5). Pub. L. 109–432, § 6003(2), added par. (5).

Subsec. (g). Pub. L. 109–432, § 6004, substituted “2015” for “2008”.

Pub. L. 109–432, § 6002(a)(1), redesignated subsec. (f) as (g).

2004—Subsec. (b)(1). Pub. L. 108–274, § 7(b)(1), substituted “or both (including” for “(including”.

Subsec. (b)(3). Pub. L. 108–274, § 7(b)(2)(A), in introductory provisions, substituted “in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both” for “either in the United States or one or more beneficiary sub-Saharan African countries” wherever appearing and “whether or not the apparel articles are also made from any of the fabrics, fabric components formed, or components knit-to-shape described in paragraph (1) or (2) (unless the apparel articles are made exclusively from any of the fabrics, fabric components formed, or components knit-to-shape described in paragraph (1) or (2)), subject to the following:” for “subject to the following:”.

Subsec. (b)(3)(A), (B). Pub. L. 108–274, § 7(b)(2)(B), added subpars. (A) and (B) and struck out headings and text of former subpars. (A) and (B) which set forth differing percentages and time periods applicable to the preferential treatment of imports of apparel articles from beneficiary countries and to special rules for lesser developed countries.

Subsec. (b)(3)(B)(iv). Pub. L. 108–429 added cl. (iv).

Subsec. (b)(5)(A). Pub. L. 108–274, § 7(b)(3), amended heading and text generally. Prior to amendment, text read as follows: “Apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries, from fabric or yarn that is not formed in the United States or a beneficiary sub-Saharan African country, to the extent that apparel articles of such fabrics or yarns would be eligible for preferential treatment, without regard to the source of the fabric or yarn, under Annex 401 to the NAFTA.”

Subsec. (b)(6). Pub. L. 108–274, § 7(c), amended heading and text generally. Prior to amendment, text read as follows: “A handloomed, handmade, or folklore article of a beneficiary sub-Saharan African country or countries that is certified as such by the competent authority of such beneficiary country or countries. For purposes of this paragraph, the President, after consultation with the beneficiary sub-Saharan African country or countries concerned, shall determine which, if any, particular textile and apparel goods of the country (or countries) shall be treated as being handloomed, handmade, or folklore articles.”

Subsec. (b)(7). Pub. L. 108–274, § 7(d), inserted “or former beneficiary sub-Saharan African countries” after “and one or more beneficiary sub-Saharan African countries” in two places.

Subsec. (d)(2). Pub. L. 108–274, § 7(e)(2), inserted “or former beneficiary sub-Saharan African countries” after “countries” and substituted “10 percent” for “7 percent”.

Subsec. (d)(3). Pub. L. 108–274, § 7(e)(1), added par. (3).

Subsec. (e)(4). Pub. L. 108–274, § 7(f), added par. (4).

2002—Subsec. (b)(1). Pub. L. 107–210, § 3108(a)(1), substituted “Apparel articles assembled in one or more beneficiary sub-Saharan African countries” for “Apparel articles assembled in beneficiary sub-Saharan African countries” in heading and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “Apparel articles assembled in one or more beneficiary sub-Saharan African countries from fabrics wholly formed and cut in the United States, from yarns wholly formed in the United States, (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed and cut in the United States) that are—”.

Subsec. (b)(2). Pub. L. 107–210, § 3108(a)(2), substituted “Other apparel articles assembled in one or more beneficiary sub-Saharan African countries” for “Apparel articles cut and assembled in beneficiary sub-Saharan African countries” in heading and amended text generally. Prior to amendment, text read as follows: “Apparel articles cut in one or more beneficiary sub-Saharan African countries from fabric wholly formed in the United States from yarns wholly formed in the United States, (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed in the United States) if such articles are assembled in one or more beneficiary sub-Saharan African countries with thread formed in the United States.”

Subsec. (b)(3). Pub. L. 107–210, § 3108(a)(3)(A), substituted “Apparel articles from regional fabric or yarns” for “Apparel articles assembled from regional and other fabric” in heading and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “Apparel articles wholly assembled in one or more beneficiary sub-Saharan African countries from fabric wholly formed in one or more beneficiary sub-Saharan African countries from yarn originating either in the United States or one or more beneficiary sub-Saharan African countries (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed and cut in one or more beneficiary sub-Saharan African countries), subject to the following:”.

Subsec. (b)(3)(B). Pub. L. 107–210, § 3108(a)(3)(B), amended heading and text generally. Prior to amendment, text read as follows:

“(i) In general.—Subject to subparagraph (A), preferential treatment shall be extended through September 30, 2004, for apparel articles wholly assembled in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric used to make such articles.

“(ii) Lesser developed beneficiary sub-saharan african country.—For purposes of this subparagraph the term ‘lesser developed beneficiary sub-Saharan African country’ means a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 a year in 1998, as measured by the World Bank.”

Subsec. (b)(4)(B). Pub. L. 107–210, § 3108(a)(4), substituted “21.5 microns” for “18.5 microns”.

Subsec. (b)(7). Pub. L. 107–210, § 3108(a)(5), added par. (7).

Effective Date of 2020 Amendment

Amendment by Pub. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of this title.

Effective Date of 2008 Amendment

Pub. L. 110–436, § 3(b), Oct. 16, 2008, 122 Stat. 4980, provided that: “The amendments made by subsection (a) [amending this section] apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act [Oct. 16, 2008].”

Effective Date of 2004 Amendment

Pub. L. 108–429, title II, § 2004(k)(2), Dec. 3, 2004, 118 Stat. 2595, provided that:

“Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Bureau of Customs and Border Protection before the 90th day after the date of the enactment of this Act [Dec. 3, 2004], any entry, or withdrawal from warehouse for consumption, of any good—
“(A)
that was made on or after October 1, 2004, and before the date of the enactment of this Act, and
“(B)
with respect to which there would have been no duty if the amendment made by this subsection applied to such entry or withdrawal,
shall be liquidated or reliquidated as if such amendment applied to such entry or withdrawal.”

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Delegation of Authority

For delegation of certain authority of the President under this section to the Committee for the Implementation of Textile Agreements and the United States Trade Representative, see Ex. Ord. No. 13191, §§ 1–3, Jan. 17, 2001, 66 F.R. 7271, set out as a note under section 2703 of this title.

Increase in Limitation on Certain Benefits

Pub. L. 107–210, div. C, title XXXI, § 3108(b), Aug. 6, 2002, 116 Stat. 1039, provided that:

“The applicable percentage under clause (ii) of section 112(b)(3)(A) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(3)(A)) shall be increased—
“(1)
by 2.17 percent for the 1-year period beginning on October 1, 2002, and
“(2)
by equal increments in each succeeding 1-year period provided for in such clause, so that for the 1-year period beginning October 1, 2007, the applicable percentage is increased by 3.5 percent,
except that such increase shall not apply with respect to articles eligible under subparagraph (B) of section 112(b)(3) of that Act.”

Proc. No. 7350. To Implement the African Growth and Opportunity Act and To Designate Eritrea as a Beneficiary Developing Country for Purposes of the Generalized System of Preferences

Proc. No. 7350, Oct. 2, 2000, 65 F.R. 59321, provided in par. (5) that the United States Trade Representative is authorized to determine whether Kenya and Mauritius have satisfied the requirements of section 3721(c)[d] of this title, is directed to set forth the determination in a notice to be published in the Federal Register and to cause the existing quotas on textile and apparel articles imported into the United States from such country to be eliminated within 30 days after the determination, and is authorized to exercise the authority provided to the President under section 2483 of this title to embody modifications and technical or conforming changes in the Harmonized Tariff Schedule of the United States.