Page:United States Statutes at Large Volume 110 Part 3.djvu/194

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110 STAT. 1924 PUBLIC LAW 104-188—AUG. 20, 1996 "(I) for calendar year 1996, $13,000,000, and "(11) for each calendar year thereafter, an amount equal to the applicable amount in effect for the preceding calendar year plus $500,000. "(d) WAIVER OF COMPETITIVE NEED LIMITATION.— "(1) IN GENERAL. — The President may waive the application of subsection (c)(2) with respect to any eligible article of any beneficiary developing country if, before July 1 of the calendar year beginning after the calendar year for which a determination described in subsection (c)(2)(A) was made with respect to such eligible article, the President— "(A) receives the advice of the International Trade Commission under section 332 of the Tariff Act of 1930 on whether any industry in the United States is likely to be adversely affected by such waiver, "(B) determines, based on the considerations described in sections 501 and 502(c) and the advice described in subparagraph (A), that such waiver is in the national economic interest of the United States, and "(C) publishes the determination described in subparagraph (B) in the Federal Register. "(2) CONSIDERATIONS BY THE PRESIDENT.— In making any determination under paragraph (1), the President shall give great weight to— "(A) the extent to which the beneficiary developing country has assured the United States that such country will provide equitable and reasonable access to the markets and basic commodity resources of such country, and "(B) the extent to which such country provides adequate and effective protection of intellectual property rights. " (3) OTHER BASES FOR WAIVER.—The President may waive the application of subsection (c)(2) if, before July 1 of the calendar year beginning after the calendar year for which a determination described in subsection (c)(2) was made with respect to a beneficiary developing country, the President determines that— "(A) there has been a historical preferential trade relationship between the United States and such country, "(B) there is a treaty or trade agreement in force covering economic relations between such country and the United States, and "(C) such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce, and the President publishes that determination in the Federal Register. " (4) LIMITATIONS ON WAIVERS. — "(A) IN GENERAL.— The President may not exercise the waiver authority under this subsection with respect to a quantity of an eligible article entered during any calendar year beginning after 1995, the aggregate appraised value of which equals or exceeds 30 percent of the aggregate appraised value of all articles that entered duty-free under this title during the preceding calendar year. "(B) OTHER WAIVER LIMITS.— The President may not exercise the waiver authority provided under this sub-