Page:United States Statutes at Large Volume 110 Part 3.djvu/193

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PUBLIC LAW 104-188—AUG. 20, 1996 110 STAT. 1923 "(2) COMPETITIVE NEED LIMITATION.— "(A) BASIS FOR WITHDRAWAL OF DUTY-FREE TREAT - MENT.— "(i) IN GENERAL.— Except as provided in clause (ii) and subject to subsection (d), whenever the President determines that a beneficiary developing country has exported (directly or indirectly) to the United States during any calendar year beginning after December 31, 1995— "(I) a quantity of an eligible article having an appraised value in excess of the applicable amount for the calendar year, or "(II) a quantity of an eligible article equal to or exceeding 50 percent of the appraised value of the total imports of that article into the United States during any calendar year, the President shall, not later than July 1 of the next calendar year, terminate the duty-free treatment for that article from that beneficiary developing country. "(ii) ANNUAL ADJUSTMENT OF APPLICABLE AMOUNT. — For purposes of applying clause (i), the applicable amount is— " (I) for 1996, $75,000,000, and "(II) for each calendar year thereafter, an amount equal to the applicable amount in effect for the preceding calendar year plus $5,000,000. "(B) COUNTRY DEFINED.— For purposes of this paragraph, the term 'coiuitr^ does not include an association of countries which is treated as one country under section 507(2), but does include a country which is a member of any such association. "(C) REDESIGNATIONS. —^A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of subparagraph (A) may, subject to the considerations set forth in sections 501 and 502, be redesignated a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the limitations in subparagraph (A) during the preceding calendar year. " (D) LEAST-DEVELOPED BENEFICIARY DEVELOPING COUN- TRIES. —Subparagraph (A) shall not apply to any leastdeveloped beneficiary developing country. " (E) ARTICLES NOT PRODUCED IN THE UNITED STATES EXCLUDED. — Subparagraph (A)(i)(II) shall not apply with respect to any eligible article if a like or directly competitive article was not produced in the United States on January 1, 1995. " (F) DE MINIMIS WAIVERS. — "(i) IN GENERAL. — The President may disregard subparagraph (A)(i)(II) with respect to any eligible article from any beneficiary developing country if the aggregate appraised v£Jue of the importe of such article into tibie United States during the preceding calendar year does not exceed the applicable amount for such preceding cedendar year. " (ii) APPLICABLE AMOUNT.—For purposes of apply- ing clause (i), the applicable amount is— 29-lMO-96 -7:(^3Pait3