Proclamations Proc. 8114 ANNEX II IMPLEMENTATION OF THE AFRICAN INVESTMENT INCENTIVE ACT OF 2006 A. Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2006, subchapter XIX of chapter 98 of the Harmonized Tariff Schedule of the United States is modified as follows: (1) by inserting in the second table set forth in U.S. note 2Co) to such subchapter (pertaining to subheading 9819.11.12) immediately after the year "2007" the expression ", and each 1-year period thereafter through September 30, 2012 "; by deleting from such table the figure "1.6071" and by inserting in lieu thereof "3.5 "; and by modifying the sentence set forth immediately below such table to read as follows: "Such apparel articles described in subheading 9819.1 I. 12 shall, during the 12-month periods enumerated above, be allowed to enter regardless of the country of origin of the fabric or yam used to make such articles, subject to any limitations imposed by the President in a proclamation published in the Federal Register." (2) by inserting the following new U.S. note 5: "5. (a) For purposes of subheadings 9819.15.10 through 9819.15.42 and the superior text thereto, subject to the provisions of this note, apparel articles are eligible for entry under these provisions (i) under the terms of this note, they contain a fabric or yam produced in beneficiary sub- Sararan African countries that has been determined by the United States International Trade Commission (USITC) to be available in commercial quantities for use in lesser developed sub-Saharan African beneficiary countries, pursuant to the terms of section 112(c) of the African Growth and Opportunity Act (AGOA), as amended (19 U.S.C. 3721(c)), and (ii) they are entered in an aggregate quantity not to exceed the quantity, in square meter equivalents (SMEs), specified pursuant to this note for an applicable 1 -year period from October 1 in any calendar year through September 30 of the next calendar year, inclusive, under the terms of such section 112(c), provided that all other requirements of this note and applicable Customs regulations are met. For the purposes of this note, apparel articles contain a fabric or yam specified in such subdivision if each article, or the component of each such article that detem\177/nes the article's classification for tariff purposes, is considered to be an article or component of that fabric or yam. The US1TC will determine and announce, in notices published in the Federal Register under the terms of section 112(c)(2), the aggregate quantity of each fabric or yam covered by a previous affirmative USITC determination that was used to produce apparel articles in lesser developed saboSabaran African beneficiary countries enumerated in U.S. note 2(d) to this subchapter that were entered into the United States during each applicable 1-year period starting on October 1 in a year and ending on September 30 in the subsequent year. No apparel articles shall be entered under subheadings 9819.15.10 through 9819.15.42 after the close of September 30, 2012. (b) For purposes of subheading 9819.15. I 0, denim articles provided for in subheading 5209.42.00 shall be deemed to have been determined by the USITC to be in abundant supply in an amount of 30,000,000 SMEs for the l-year period beginning on October 1, 2006 and continuing through September 30, 2007, and apparel articles of chapters 61 or 62 that each contain such denim articles, in an aggregate quantity not to exceed such amount, shall be eligible for entry under such subheading. The USITC shall determine and announce in the Federal Register the quantity of such denim articles that is commercially available for use in such lesser developed sub-Saharan African beneficiary countries to produce apparel articles during each subsequent applicable l-year period and any modifications of the aggregate quantity of apparel articles eligible for entry under such 25
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