12 2 STA T . 2 30 0 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 pref ere ntial treat m ent ,w it hou tre g ar d to the s our c e of the fa b rics or y arns, under A nne x401 of the N A FT A .‘ ‘ ( ii ) Fabrics or yarns, to the extent that such fab - rics or yarns are designated as not being a v ailable in commercial q uantities for purposes of — ‘‘( I ) section 2 1 3 (b)(2)(A)(v) of this Act
‘‘(II) section 112(b)( 5 ) of the African G rowth and O pportunity Act; ‘‘(III) clause (i)(III) or (ii) of section 204(b)(3)( B ) of the Andean Trade P reference Act; or ‘‘(I V ) any other provision, relating to deter- mining whether a textile or apparel article is an originating good eligible for preferential treatment, of a law that implements a free trade agreement entered into by the U nited S tates that is in effect at the time the claim for preferential treatment is made. ‘‘(B) REMOVAL O FD E SIGN A T ION OF FA BR I C SOR Y ARNS NOT AVAILABLE IN COMMERCIAL QU ANTITIES.—If the Presi- dent determines that— ‘‘(i) any fabric or yarn described in clause (i) of subparagraph (A) was determined to be eligible for preferential treatment, or ‘‘(ii) any fabric or yarn described in clause (ii) of subparagraph (A) was designated as not being avail- able in commercial quantities, on the basis of fraud, the President is authori z ed to remove the eligibility or designation (as the case may be) of that fabric or yarn with respect to articles entered after such removal. ’ ’. (f) M ISCELLANEOUS PROVISIONS.— (1) RELATIONS H I P TO OTHER PREFERENTIAL PROGRAMS.— Section 213A(b) of the C aribbean Basin E conomic Recovery Act is amended by adding at the end the following
‘‘( 6 ) OTHER PREFERENTIAL TREATMENT NOT AFFECTED.—The duty-free treatment provided under this subsection is in addi- tion to any other preferential treatment under this title.’’. (2) D EFINITIONS.—Section 213A(a) of the Caribbean Basin Economic Recovery Act (1 9 U.S.C. 2 7 03a(a)) is amended by adding at the end the following: ‘‘(3) IMPORTED DIRECTLY FROM HAITI OR THE DOMINICAN REPUBLIC.—Articles are ‘imported directly from H aiti or the Dominican Republic’ if— ‘‘(A) the articles are shipped directly from Haiti or the Dominican Republic into the United States without passing through the territory of any intermediate country; or ‘‘(B) the articles are shipped from Haiti or the Domini- can Republic into the United States through the territory of an intermediate country, and— ‘‘(i) the articles in the shipment do not enter into the commerce of any intermediate country, and the invoices, bills of lading, and other shipping documents specify the United States as the final destination; or ‘‘(ii) the invoices and other documents do not specify the United States as the final destination, but the articles in the shipment— 19USC2703a.Presid e nt .
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