Page:United States Statutes at Large Volume 114 Part 1.djvu/319

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PUBLIC LAW 106-200—MAY 18, 2000 114 STAT. 283 " (ii) EXCEPTION.—Clause (i) does not apply to any article accorded duty-free treatment under U.S. Note 2(b) to subchapter II of chapter 98 of the HTS. "(B) RELATIONSHIP TO SUBSECTION (h) DUTY REDUC- TIONS.— I f at any time during the transition period the rate of duty that would (but for action taken under subparagraph (A)(i) in regard to such period) apply with respect to any article under subsection (h) is a rate of duty that is lower than the rate of duty resulting from such action, then such lower rate of duty shall be applied for the purposes of implementing such action. "(4) CUSTOMS PROCEDURES.— "(A) IN GENERAL. — "(i) REGULATIONS.— Any importer that claims pref- erential treatment under paragraph (2) or (3) shall comply with customs procedures similar in all material respects to the requirements of Article 502(1) of the NAPTA as implemented pursuant to United States law, in accordance with regulations promulgated by the Secretary of the Treasury, " (ii) DETERMINATION. — "(I) IN GENERAL.—In order to qualify for the President, preferential treatment under paragraph (2) or (3) and for a Certificate of Origin to be valid with respect to any article for which such treatment is claimed, there shall be in effect a determination by the President that each country described in subclause (II)— "(aa) has implemented and follows; or "(bb) is making substantial progress toward implementing and following, procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the NAFTA. " (II) COUNTRY DESCRIBED.— A country is described in this subclause if it is a CBTPA beneficiary country— "(aa) from which the article is exported; or "(bb) in which materials used in the production of the article originate or in which the article or such materials undergo production that contributes to a claim that the article is eligible for preferential treatment under paragraph (2) or (3). "(B) CERTIFICATE OF ORIGIN.— The Certificate of Origin that otherwise would be required pursuant to the provisions of subparagraph (A) shall not be required in the case of an article imported under paragraph (2) or (3) if such Certificate of Origin would not be required under Article 503 of the NAFTA (as implemented pursuant to United States law), if the article were imported from Mexico. "(C) REPORT BY USTR ON COOPERATION OF OTHER COUN- TRIES CONCERNING CIRCUMVENTION. — The United States Commissioner of Customs shall conduct a study analyzing the extent to which each CBTPA beneficiary country—