PUBLIC LAW 109–432—DEC. 20, 2006
120 STAT. 3187
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). ‘‘(c) SPECIAL RULE FOR CERTAIN WIRE HARNESS AUTOMOTIVE COMPONENTS.— (1) IN GENERAL.—Any wire harness automotive component that is the product or manufacture of Haiti and is imported directly from Haiti into the customs territory of the United States shall enter the United States free of duty, during the 5-year period beginning on the date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, if Haiti has met the requirements of subsection (d) and if the sum of— ‘‘(A) the cost or value of the materials produced in Haiti or one or more countries described in subsection (b)(2)(C), or any combination thereof, plus ‘‘(B) the direct costs of processing operations (as defined in section 213(a)(3)) performed in Haiti or the United States, or both, is not less than 50 percent of the declared customs value of such wire harness automotive component. ‘‘(2) WIRE HARNESS AUTOMOTIVE COMPONENT.—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 date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006. ‘‘(d) ELIGIBILITY REQUIREMENTS.— ‘‘(1) IN GENERAL.—Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti— ‘‘(A) has established, or is making continual progress toward establishing— ‘‘(i) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; ‘‘(ii) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; ‘‘(iii) the elimination of barriers to United States trade and investment, including by— ‘‘(I) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; ‘‘(II) the protection of intellectual property; and ‘‘(III) the resolution of bilateral trade and investment disputes; ‘‘(iv) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage
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