19 U.S.C. § 2703a
Special rules for Haiti
The term “initial applicable 1-year period” means the 1-year period beginning on
The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States.
A good is “knit-to-shape” if 50 percent or more of the exterior surface area of the good is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliqués, or the like. Minor cutting, trimming, or sewing of those major parts shall not affect the determination of whether a good is “knit-to-shape.” 1
The term “TAICNAR Program” means the Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program established pursuant to subsection (e).
A good is “wholly assembled” in Haiti if all components, of which there must be at least two, pre-existed in essentially the same condition as found in the finished good and were combined to form the finished good in Haiti. Minor attachments and minor embellishments (for example, appliqués, beads, spangles, embroidery, and buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, and pockets), shall not affect the determination of whether a good is “wholly assembled” in Haiti.
Apparel articles described in subparagraph (B) of a producer or entity controlling production that are imported directly from Haiti or the Dominican Republic shall enter the United States free of duty during the initial applicable 1-year period and any 1-year period thereafter, subject to the limitations set forth in subparagraphs (B) and (C), and subject to subparagraph (D).
Entries of apparel articles that receive preferential treatment under any provision of law other than this subparagraph or are subject to the “General” column 1 rate of duty under the HTS are not included in the annual aggregation under subclause (I) or (II) unless the producer or entity controlling production elects, at the time the annual aggregation calculation is made, to include such entries in such aggregation.
The term “applicable percentage” means 60 percent or more on and after
The term “foreign material” means a material produced in a country other than Haiti or any country described in clause (iii).
U.S. Customs and Border Protection of the Department of Homeland Security shall develop and implement methods and procedures to ensure ongoing compliance with the requirements set forth in clauses (i) and (iv).
The preferential treatment described in subparagraph (A) shall be extended, during each period after the initial applicable 1-year period, to not more than 1.25 percent of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period for which data are available.
Any apparel article that qualifies for preferential treatment under paragraph (2), (3), (4), or (5) or any other provision of this chapter shall not be subject to, or included in the calculation of, the quantitative limitations under subparagraph (C).
Any apparel article classifiable under chapter 62 of the HTS that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, subject to clauses (ii) and (iii), without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.
Except as provided in paragraph (2A), the preferential treatment described in clause (i) shall be extended, in the 1-year period beginning
Any apparel article that qualifies for preferential treatment under paragraph (1), (3), (4), or (5) or subparagraph (B) of this paragraph or any other provision of this chapter shall not be subject to, or included in the calculation of, the quantitative limitation under clause (ii).
Any apparel article classifiable under chapter 61 of the HTS that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, subject to clauses (ii), (iii), and (iv), without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.
Except as provided in paragraph (2A), the preferential treatment described in clause (i) shall be extended, in the 1-year period beginning
Any apparel article that qualifies for preferential treatment under paragraph (1), (3), (4), or (5) or subparagraph (A) of this paragraph or any other provision of this chapter shall not be subject to, or included in the calculation of, the quantitative limitation under clause (iii).
Except as provided in subparagraphs (B) and (C) and subject to subparagraph (D), if 52,000,000 square meter equivalents of apparel articles described in paragraph (2)(A)(i) or (2)(B)(i) enter the United States during the 1-year period beginning
In the case of apparel articles described in clause (ii), subparagraph (A) shall be applied by substituting “70,000,000” for “200,000,000”.
Apparel articles in category 347 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before
6203.19.1020 | 6203.42.4011 | 6203.42.4061 |
6203.19.9020 | 6203.42.4016 | 6203.49.8020 |
6203.22.3020 | 6203.42.4026 | 6210.40.9033 |
6203.22.3030 | 6203.42.4036 | 6211.20.1520 |
6203.42.4003 | 6203.42.4046 | 6211.20.3810 |
6203.42.4006 | 6203.42.4051 | 6211.32.0040 |
Apparel articles in category 348 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before
6204.12.0030 | 6204.62.4011 | 6204.69.9010 |
6204.19.8030 | 6204.62.4021 | 6210.50.9060 |
6204.22.3040 | 6204.62.4031 | 6211.20.1550 |
6204.22.3050 | 6204.62.4041 | 6211.20.6810 |
6204.29.4034 | 6204.62.4051 | 6211.42.0030 |
6204.62.3000 | 6204.62.4056 | 6217.90.9050 |
6204.62.4003 | 6204.62.4066 |
|
6204.62.4006 | 6204.69.6010 |
|
Apparel articles in category 647 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before
6203.23.0060 | 6203.43.4020 | 6203.49.8030 |
6203.23.0070 | 6203.43.4030 | 6210.40.5031 |
6203.29.2030 | 6203.43.4040 | 6210.40.5039 |
6203.29.2035 | 6203.49.1500 | 6211.20.1525 |
6203.43.2500 | 6203.49.2015 | 6211.20.3820 |
6203.43.3510 | 6203.49.2030 | 6211.33.0030 |
6203.43.3590 | 6203.49.2045 |
|
6203.43.4010 | 6203.49.2060 |
|
Apparel articles in category 648 that fall within the following statistical reporting numbers of the HTS (as in effect on the day before
6204.23.0040 | 6204.63.3510 | 6204.69.6030 |
6204.23.0045 | 6204.63.3530 | 6204.69.9030 |
6204.29.2020 | 6204.63.3532 | 6210.50.5031 |
6204.29.2025 | 6204.63.3540 | 6210.50.5039 |
6204.29.4038 | 6204.69.2510 | 6211.20.1555 |
6204.63.2000 | 6204.69.2530 | 6211.20.6820 |
6204.63.3010 | 6204.69.2540 | 6211.43.0040 |
6204.63.3090 | 6204.69.2560 | 6217.90.9060 |
In the case of apparel articles described in clause (ii), subparagraph (A) shall be applied by substituting “85,000,000” for “200,000,000”.
Apparel articles described in this clause are apparel articles described in paragraph (2)(B)(i) that fall within the following statistical reporting numbers of the HTS (as in effect on the day before
6105.10.0010 | 6109.10.0040 | 6110.30.3053 |
6109.10.0018 | 6109.10.0045 | 6110.30.3059 |
6109.10.0027 | 6110.20.2079 |
|
Not later than April 1, July 1, October 1, and January 1 of each year, the Commissioner responsible for United States Customs and Border Protection shall verify that apparel articles imported into the United States under this paragraph are not being unlawfully transshipped (within the meaning of subsection (f)) into the United States.
If the Commissioner determines pursuant to clause (i) that apparel articles imported into the United States under this paragraph are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President.
In this paragraph, the term “category” means the number assigned under the U.S. Textile and Apparel Category System of the Office of Textiles and Apparel of the Department of Commerce, as listed in the HTS under the applicable heading or subheading (as in effect on the day before
Any apparel article classifiable under subheading 6212.10 of the HTS that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.
Any article classifiable under subheading 4202.12, 4202.22, 4202.32 or 4202.92 of the HTS that is wholly assembled in Haiti and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, components, or materials from which the article is made.
Any article classifiable under heading 6501, 6502, or 6504 of the HTS, or under subheading 6505.90 of the HTS, that is wholly assembled, knit-to-shape, or formed in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.
Any of the apparel articles described in clause (ii) that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.
Apparel articles described in this clause are apparel articles in the following category numbers that fall within the following statistical reporting numbers of the HTS (as in effect on the day before
Category Number | HTS Statistical Reporting Number |
334 | 6101.90.9010 |
| 6112.11.0010 |
| 6103.22.0010 |
| 6113.00.9015 |
335 | 6104.22.0010 |
| 6104.29.2010 |
| 6112.11.0020 |
336 | 6104.49.9010 |
338 | 6103.22.0050 |
| 6105.90.8010 |
| 6112.11.0030 |
339 | 6104.22.0060 |
| 6104.29.2049 |
| 6106.90.2510 |
| 6106.90.3010 |
| 6110.20.1031 |
| 6110.20.1033 |
| 6112.11.0040 |
342 | 6104.22.0030 |
| 6104.29.2022 |
| 6104.52.0010 |
| 6104.52.0020 |
| 6104.59.8010 |
350 | 6107.91.0040 |
| 6107.91.0090 |
351 | 6107.21.0010 |
| 6107.21.0020 |
| 6107.91.0030 |
| 6108.31.0010 |
| 6108.31.0020 |
433 | 6103.23.0007 |
| 6103.29.0520 |
| 6103.31.0000 |
| 6103.33.1000 |
| 6103.39.8020 |
434 | 6101.30.1500 |
| 6101.90.0500 |
| 6101.90.9020 |
| 6103.23.0005 |
| 6103.29.0510 |
435 | 6102.30.1000 |
| 6102.90.9010 |
| 6104.23.0010 |
| 6104.29.0510 |
| 6104.29.2012 |
| 6104.33.1000 |
| 6104.39.2020 |
438 | 6103.23.0025 |
| 6103.29.0550 |
| 6104.23.0020 |
| 6104.29.0560 |
| 6104.29.2051 |
| 6105.90.1000 |
| 6105.90.8020 |
| 6106.20.1020 |
| 6106.90.1010 |
| 6106.90.1020 |
| 6106.90.2520 |
| 6106.90.3020 |
| 6110.11.0070 |
| 6110.12.2070 |
| 6110.12.2080 |
| 6110.19.0070 |
| 6110.19.0080 |
| 6110.30.1550 |
| 6110.30.1560 |
633 | 6103.23.0037 |
| 6103.29.1015 |
| 6103.33.2000 |
| 6103.39.1000 |
| 6103.39.8030 |
634 | 6101.30.1000 |
| 6101.90.9030 |
| 6103.23.0036 |
| 6103.29.1010 |
| 6112.12.0010 |
| 6112.19.1010 |
| 6112.20.1010 |
| 6112.20.1030 |
| 6113.00.9025 |
635 | 6102.30.0500 |
| 6102.90.9015 |
| 6104.23.0026 |
| 6104.29.1010 |
| 6104.29.2014 |
| 6104.39.2030 |
| 6112.12.0020 |
| 6112.19.1020 |
| 6112.20.1020 |
| 6112.20.1040 |
| 6113.00.9030 |
636 | 6104.49.9030 |
| 6104.44.2020 |
638 | 6103.23.0075 |
| 6103.29.1050 |
| 6105.90.8030 |
| 6110.30.1050 |
| 6110.30.2051 |
| 6110.30.2053 |
| 6112.12.0030 |
| 6112.19.1030 |
639 | 6104.23.0036 |
| 6104.29.1050 |
| 6104.29.2055 |
| 6106.90.2530 |
| 6106.90.3030 |
| 6110.30.1060 |
| 6110.30.2061 |
| 6110.30.2063 |
| 6112.12.0040 |
| 6112.19.1040 |
651 | 6107.22.0010 |
| 6107.22.0015 |
| 6107.22.0025 |
| 6107.99.1030 |
| 6108.32.0015 |
In this subparagraph, the term “category” has the meaning given that term in paragraph (2A)(E) of this subsection.
Any of the made-up textile articles described in clauses (ii) and (iii) that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the article is made.
Made-up textile articles described in this clause are articles in the following category numbers that fall within the following statistical reporting numbers of the HTS (as in effect on the day before
Category Number | HTS Statistical Reporting Number |
363 | 6302.60.0020 |
| 6302.91.0015 |
| 6302.91.0035 |
| 6307.90.8940 |
369 | 6304.91.0020 |
| 6304.92.0000 |
| 6302.60.0010 |
| 6302.60.0030 |
| 6302.91.0005 |
| 6302.91.0050 |
| 6307.90.8910 |
| 6307.90.8945 |
| 5701.90.2020 |
| 5702.39.2010 |
| 5702.50.5600 |
| 5702.99.0500 |
| 5702.99.1500 |
| 5705.00.2020 |
| 5807.10.0510 |
| 5807.90.0510 |
| 6307.90.3010 |
| 6301.30.0010 |
| 6305.20.0000 |
| 6307.10.1020 |
| 6307.10.1090 |
| 6406.10.7700 |
| 9404.90.1000 |
| 9404.90.9505 |
| 6301.30.0020 |
| 6302.91.0045 |
465 | 5701.10.9000 |
| 5702.50.2000 |
| 5702.50.4000 |
| 5702.91.3000 |
| 5702.91.4000 |
| 5703.10.2000 |
| 5703.10.8000 |
| 5704.10.0010 |
| 5705.00.2005 |
| 5705.00.2015 |
| 5702.31.1000 |
| 5702.31.2000 |
469 | 6304.19.3040 |
| 6304.91.0050 |
| 6304.99.1500 |
| 6304.99.6010 |
| 5601.29.0020 |
| 6302.39.0010 |
| 6406.10.9020 |
665 | 5701.90.1030 |
| 5701.90.2030 |
| 5702.32.1000 |
| 5702.32.2000 |
| 5702.42.2090 |
| 5702.50.5200 |
| 5702.92.1000 |
| 5702.92.9000 |
| 5703.20.1000 |
| 5703.30.2000 |
| 5703.30.8030 |
| 5703.30.8080 |
| 5704.10.0090 |
| 5705.00.2030 |
| 5703.20.2010 |
| 5703.20.2090 |
666 | 6304.11.2000 |
| 6304.91.0040 |
| 6304.93.0000 |
| 6304.99.6020 |
| 6301.40.0010 |
| 6301.40.0020 |
| 6301.90.0010 |
669 | 5601.10.2000 |
| 5601.22.0090 |
| 5807.10.0520 |
| 5807.90.0520 |
| 6307.90.3020 |
| 6305.32.0010 |
| 6305.32.0020 |
| 6305.32.0050 |
| 6305.32.0060 |
| 6305.39.0000 |
| 6406.10.9040 |
| 6308.00.0020 |
899 | 6304.11.3000 |
| 6304.19.3060 |
| 6304.91.0070 |
| 6304.99.3500 |
| 6304.99.6040 |
| 5601.29.0090 |
| 6301.90.0030 |
| 6305.90.0000 |
| 6406.10.9060 |
900 | 5601.29.0010 |
| 5701.90.2010 |
| 6301.90.0020 |
Made-up textile articles described in this clause are articles that fall within statistical reporting number 6406.10.9090 of the HTS (as in effect on the day before
In this subparagraph, the term “category” has the meaning given that term in paragraph (2A)(E) of this subsection.
Apparel articles wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and imported directly from Haiti or the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric, fabric components, components knit-to-shape, or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate that reflects the amount of credits equal to the total square meter equivalents of such apparel articles, in accordance with the program established under subparagraph (B). For purposes of determining the quantity of square meter equivalents under this subparagraph, the conversion factors listed in “Correlation: U.S. Textile and Apparel Industry Category System with the Harmonized Tariff Schedule of the United States of America, 2008”, or its successor publications, of the United States Department of Commerce, shall apply.
The Secretary of Commerce shall establish a program to provide earned import allowance certificates to any producer or entity controlling production for purposes of subparagraph (A), based on the elements described in clause (ii).
Any person who makes a false claim for preference under the program established under subparagraph (B) shall be subject to any applicable civil or criminal penalty that may be imposed under the customs laws of the United States or under title 18.
The Secretary of Commerce may establish and impose penalties for the submission to the Secretary of Commerce of fraudulent information under the program established under subparagraph (B), other than a claim described in clause (i).
The duty-free treatment provided under this subsection is in addition to any other preferential treatment under this chapter.
For purposes of this subsection, the term “wire harness automotive component” means any article provided for in subheading 8544.30.00 of the HTS, as in effect on
The President shall determine whether Haiti meets the requirements of paragraph (1) not later than 90 days after
If the President determines that Haiti is not making continual progress in meeting the requirements described in paragraph (1)(A), the President shall terminate the preferential treatment under this section.
Any interested party may file a request to have the status of Haiti reviewed with respect to the eligibility requirements listed in paragraph (1), and the President shall provide for this purpose the same procedures as those that are provided for reviewing the status of eligible beneficiary developing countries with respect to the designation criteria listed in subsections (b) and (c) of section 2462 of this title.
If, after making a certification under subparagraph (A), the President determines that Haiti is no longer meeting the requirements set forth in subparagraph (A), the President shall terminate the preferential treatment provided under subsection (b), unless the President determines, after consulting with the appropriate congressional committees, that meeting such requirements is not practicable because of extraordinary circumstances existing in Haiti when the determination is made.
If the President, after terminating preferential treatment under clause (i), determines that Haiti is meeting the requirements set forth in subparagraph (A), the President shall reinstate the application of preferential treatment under subsection (b).
In making a determination of whether Haiti is meeting the requirement set forth in subsection (d)(1)(A)(vi) relating to internationally recognized worker rights, the President shall consider the reports produced under paragraph (3)(D).
Beginning in the second calendar year after the President makes the certification under paragraph (1)(A), the President shall identify on a biennial basis whether a producer listed in the registry described in paragraph (2)(B)(i) has failed to comply with core labor standards and with the labor laws of Haiti that directly relate to and are consistent with core labor standards.
For each producer that the President identifies under clause (i), the President shall seek to assist such producer in coming into compliance with core labor standards and with the labor laws of Haiti that directly relate to and are consistent with core labor standards. If such efforts fail, the President shall withdraw, suspend, or limit the application of preferential treatment under subsection (b) to articles of such producer.
If the President, after withdrawing, suspending, or limiting the application of preferential treatment under clause (ii) to articles of a producer, determines that such producer is complying with core labor standards and with the labor laws of Haiti that directly relate to and are consistent with core labor standards, the President shall reinstate the application of preferential treatment under subsection (b) to the articles of the producer.
In making the identification under clause (i) and the determination under clause (iii), the President shall consider the reports made available under paragraph (3)(D).
Not later than one year after the date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, and annually thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation of this subsection during the preceding 1-year period.
There is authorized to be appropriated to carry out this subsection the sum of $10,000,000 for the period beginning on
Transshipment within the meaning of this subsection has occurred when preferential treatment for a textile or apparel article under this section has been claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of this paragraph, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under this section.
Notwithstanding subsection (a)(5), relating to the definition of “imported directly from Haiti or the Dominican Republic”, articles described in subsection (b) that are shipped from the Dominican Republic, directly or through the territory of an intermediate country, whether or not such articles undergo processing in the Dominican Republic, shall not be considered to be “imported directly from Haiti or the Dominican Republic” until the President certifies to the Congress that Haiti and the Dominican Republic have developed procedures to prevent unlawful transshipment of the articles and the use of counterfeit documents related to the importation of the articles into the United States.
The Commissioner responsible for U.S. Customs and Border Protection shall provide technical and other assistance to Haiti and the Dominican Republic to develop expeditiously the procedures described in subparagraph (A).
The President shall issue regulations to carry out this section not later than 180 days after
The duty-free treatment provided under this section shall remain in effect until
This chapter, referred to in subsec. (b)(1)(D), (2)(A)(iii), (B)(iv), (6), was in the original “this title”, meaning title II of Pub. L. 98–67,
Proclamation 8213 of the President of
The date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, referred to in subsec. (e)(1)(A), (5)(A), is the date of enactment of part I (§§ 15401–15412) of subtitle D of title XV of Pub. L. 110–246, which was approved
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2026—Subsec. (b)(1)(B)(v)(I). Pub. L. 119–75, § 5020(a)(1)(A)(i), amended subcl. (I) generally. Prior to amendment, text read as follows: “The term ‘applicable percentage’ means—
“(aa) 50 percent or more during the initial applicable 1-year period and the succeeding 8 1-year periods;
“(bb) 55 percent or more during the 1-year period beginning on
“(cc) 60 percent or more during the 1-year period beginning on
Subsec. (b)(1)(C). Pub. L. 119–75, § 5020(a)(1)(A)(ii), amended subpar. (C) generally. Prior to amendment, text read as follows: “The preferential treatment described in subparagraph (A) shall be extended, during each of the 1-year periods set forth in the following table, to not more than the corresponding percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period for which data are available:
“During: | the corresponding percentage is: |
|---|---|
“the initial applicable 1-year period | 1 percent. |
“each of the 16 succeeding 1-year periods | 1.25 percent. |
No preferential treatment shall be provided under subparagraph (A) after
Subsec. (b)(2)(A)(ii), (B)(iii). Pub. L. 119–75, § 5020(a)(1)(B), substituted “in any of the succeeding 1-year periods” for “in each of the 16 succeeding 1-year periods”.
Subsec. (h). Pub. L. 119–75, § 5020(a)(2), amended subsec. (h) generally. Prior to amendment, text read as follows: “Except as provided in subsection (b)(1), the duty-free treatment provided under this section shall remain in effect until
2020—Subsec. (b)(1)(B)(vii)(I)(aa), (5)(A)(i). Pub. L. 116–260 substituted “Annex 4–B of the USMCA” for “Annex 401 of the NAFTA”.
2015—Subsec. (b)(1)(B)(v)(I)(cc). Pub. L. 114–27, § 301(1)(A)(i), amended item (cc) generally. Prior to amendment, item (cc) read as follows: “60 percent or more during the 1-year period beginning on
Subsec. (b)(1)(C). Pub. L. 114–27, § 301(1)(A)(ii), substituted “16 succeeding 1-year periods” for “succeeding 11 1-year periods” in table and “
Subsec. (b)(2)(A)(ii). Pub. L. 114–27, § 301(1)(B)(i), substituted “16 succeeding 1-year periods” for “11 succeeding 1-year periods”.
Subsec. (b)(2)(B)(iii). Pub. L. 114–27, § 301(1)(B)(ii), substituted “16 succeeding 1-year periods” for “11 succeeding 1-year periods”.
Subsec. (h). Pub. L. 114–27, § 301(2), substituted “
2012—Subsec. (b)(4)(C), (D). Pub. L. 112–234, which directed amendment of section 231A(b)(4) of the Caribbean Basin Economic Recovery Act by redesignating subpar. (D) as (C) and striking out former subpar. (C), was executed to this section, which is section 213A of the Caribbean Basin Economic Recovery Act, to reflect the probable intent of Congress. Prior to amendment, text of subpar. (C) read as follows: “The United States Government Accountability Office shall review the program established under subparagraph (B) annually for the purpose of evaluating the effectiveness of, and making recommendations for improvements in, the program.”
2010—Subsec. (a)(1). Pub. L. 111–171, § 7(1), added par. (1) and struck out former par. (1) which defined “applicable 1-year period”, “initial applicable 1-year period”, “second applicable 1-year period”, “third applicable 1-year period”, “fourth applicable 1-year period”, and “fifth applicable 1-year period” in subpars. (A) to (F), respectively.
Subsec. (b)(1)(A). Pub. L. 111–171, § 7(2)(A), substituted “the initial applicable 1-year period and any 1-year period thereafter” for “an applicable 1-year period”.
Subsec. (b)(1)(B)(i). Pub. L. 111–171, § 7(2)(B)(i), in introductory provisions, substituted “the initial applicable 1-year period and any 1-year period thereafter” for “any applicable 1-year period” and “that 1-year period” for “the applicable 1-year period”.
Subsec. (b)(1)(B)(iv)(II). Pub. L. 111–171, § 7(2)(B)(ii), struck out “applicable” after “Other” in heading and substituted “In any 1-year period after the initial applicable 1-year period” for “In each of the second, third, fourth, and fifth applicable 1-year periods” and “during the 1-year period” for “during the applicable 1-year period” in introductory provisions and “preceding 1-year period” for “preceding applicable 1-year period” in concluding provisions.
Subsec. (b)(1)(B)(v)(I)(aa). Pub. L. 111–171, § 7(2)(B)(iii)(I), substituted “and the succeeding 8 1-year periods” for “, the second applicable 1-year period, and the third applicable 1-year period”.
Subsec. (b)(1)(B)(v)(I)(bb). Pub. L. 111–171, § 7(2)(B)(iii)(II), substituted “the 1-year period beginning on
Subsec. (b)(1)(B)(v)(I)(cc). Pub. L. 111–171, § 7(2)(B)(iii)(III), substituted “the 1-year period beginning on
Subsec. (b)(1)(B)(vi)(II). Pub. L. 111–171, § 7(2)(B)(iv)(I), substituted “the initial applicable 1-year period or any 1-year period thereafter” for “any applicable 1-year period” and “succeeding 1-year period” for “succeeding applicable 1-year period” in introductory provisions and “preceding 1-year period” for “preceding applicable 1-year period” in concluding provisions.
Subsec. (b)(1)(B)(vi)(III)(aa). Pub. L. 111–171, § 7(2)(B)(iv)(II)(aa), substituted “the initial applicable 1-year period or any 1-year period thereafter” for “an applicable 1-year period”.
Subsec. (b)(1)(B)(vi)(III)(bb). Pub. L. 111–171, § 7(2)(B)(iv)(II)(bb), substituted “1-year period” for “applicable 1-year period” in item (bb) and subitem (AA).
Subsec. (b)(1)(C). Pub. L. 111–171, § 7(2)(C), substituted “1-year periods” for “applicable 1-year periods” in introductory provisions, added table, struck out former table which designated 1 percent for the initial and 1.25 percent for the second through fifth applicable 1-year periods, and substituted “
Subsec. (b)(2)(A)(ii), (B)(iii). Pub. L. 111–171, § 5(1), substituted “Except as provided in paragraph (2A), the preferential treatment” for “The preferential treatment” and “11” for “9”.
Subsec. (b)(2A). Pub. L. 111–171, § 5(2), added par. (2A).
Subsec. (b)(3)(F). Pub. L. 111–171, § 4(a), added subpar. (F).
Subsec. (b)(3)(G). Pub. L. 111–171, § 4(b), added subpar. (G).
Subsec. (b)(4)(B)(ii)(I). Pub. L. 111–171, § 6, substituted “two” for “three”.
Subsec. (c)(1). Pub. L. 111–171, § 8, substituted “10-year period” for “5-year period” in introductory provisions.
Subsec. (h). Pub. L. 111–171, § 3(2), substituted “
2008—Subsec. (a)(2). Pub. L. 110–246, § 15403(1)(C), added par. (2). Former par. (2) redesignated (4).
Subsec. (a)(3). Pub. L. 110–246, § 15403(1)(C), added par. (3). Former par. (3) redesignated (5).
Pub. L. 110–246, § 15402(f)(2), added par. (3).
Subsec. (a)(4). Pub. L. 110–246, § 15403(1)(B), redesignated par. (2) as (4). Former par. (4) redesignated (6).
Pub. L. 110–246, § 15402(f)(2), added par. (4).
Subsec. (a)(5). Pub. L. 110–246, § 15403(1)(B), redesignated par. (3) as (5). Former par. (5) redesignated (8).
Pub. L. 110–246, § 15402(f)(2), added par. (5).
Subsec. (a)(6). Pub. L. 110–246, § 15403(1)(B), redesignated par. (4) as (6).
Subsec. (a)(7). Pub. L. 110–246, § 15403(1)(D), added par. (7).
Subsec. (a)(8). Pub. L. 110–246, § 15403(1)(A), redesignated par. (5) as (8).
Subsec. (b). Pub. L. 110–246, § 15402(a)(5), (b), (c), as amended by Pub. L. 110–436, § 7(1), added pars. (1)(D), (2), and (3).
Pub. L. 110–246, § 15402(a)(4), as amended by Pub. L. 110–436, § 7(1), redesignated par. (3) as subpar. (C) of par. (1), realigned margins, substituted “subparagraph (A)” for “paragraph (1)” in two places, in table substituted “1.25 percent” for “1.5 percent” during the third applicable 1-year period, “1.25 percent” for “1.75 percent” during the fourth applicable 1-year period, and “1.25 percent” for “2 percent” during the fifth applicable 1-year period.
Pub. L. 110–246, § 15402(a)(3), as amended by Pub. L. 110–436, § 7(1), redesignated par. (2) as subpar. (B) of par. (1), redesignated former subpars. as cls., former cls. as subcls., former subcls. as items, and former items as subitems, realigned margins, made conforming changes to references in text, in par. (1)(B)(iii)(II) substituted “that enters into force thereafter” for “that enters into force under the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3801 et seq.)”, amended par. (1)(B)(iv)(IV) generally, in par. (1)(B)(vi) substituted “U.S. Customs and Border Protection” for “The Bureau of Customs and Border Protection” in subcl. (I) and for “the Bureau of Customs and Border Protection” in subcl. (II) and in two places in subcl. (III), and in par. (1)(B)(vii)(I)(bb)(DD) substituted “with respect to the United States” for “under the Bipartisan Trade Promotion Authority Act of 2002”.
Pub. L. 110–246, § 15402(a)(2), as amended by Pub. L. 110–436, § 7(1), amended par. (1) generally. Prior to amendment, text read as follows: “In addition to any other preferential treatment under this chapter, apparel articles described in paragraph (2) of a producer or entity controlling production that are imported directly from Haiti shall enter the United States free of duty during an applicable 1-year period, subject to the limitations set forth in paragraphs (2) and (3), if Haiti has met the requirements of subsections (d) and (e).”
Pub. L. 110–246, § 15402(a)(1), as amended by Pub. L. 110–436, § 7(1), substituted “Apparel and other textile articles” for “Apparel articles” in heading.
Subsec. (b)(4). Pub. L. 110–246, § 15402(d), as amended by Pub. L. 110–436, § 7(2), added par. (4).
Pub. L. 110–246, § 15402(b), as amended by Pub. L. 110–436, § 7(1), struck out par. (4) which related to special rule for certain woven apparel articles classifiable under chapter 62 of the HTS, as in effect on
Subsec. (b)(5). Pub. L. 110–246, § 15402(c), (e), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The preferential treatment under paragraph (1) shall, subject to the limitations under paragraph (3), be extended to any article classifiable under heading 6212.10 of the HTS, if the article is both cut and sewn or otherwise assembled in Haiti or the United States, or both, without regard to the source of the fabric or components from which the article is made, and if Haiti has met the requirements of subsections (d) and (e).”
Subsec. (b)(6). Pub. L. 110–246, § 15402(f)(1), added par. (6).
Subsec. (d)(4). Pub. L. 110–246, § 15404, added par. (4).
Subsec. (e). Pub. L. 110–246, § 15403(3), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 110–246, § 15402(h), substituted “U.S. Customs and Border Protection” for “the Bureau of Customs and Border Protection” wherever appearing.
Subsec. (f). Pub. L. 110–246, § 15403(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (f)(3). Pub. L. 110–246, § 15405, added par. (3).
Subsec. (g). Pub. L. 110–246, § 15403(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Pub. L. 110–246, § 15402(g), added subsec. (g).
Subsec. (h). Pub. L. 110–246, § 15403(2), redesignated subsec. (g) as (h).
Amendment by Pub. L. 116–260 effective
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Pub. L. 110–234, title XV, § 15412,
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Section applicable to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after
Pub. L. 110–234, title XV, § 15407,
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Pub. L. 119–75, div. I, § 5020(b), (c),
Pub. L. 111–171, § 2,
Pub. L. 111–171, § 9,
Pub. L. 110–234, title XV, § 15406,
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
Proc. No. 8296,
Proc. No. 8114,