Proc. 8114 Title 3--The President subheading during any such subsequent applicable 1-year period, as \177'quired by section 112 of the AGOA. (\275) For purposes of subheedings 9819.15.15 through 9819.15.42, inclusive, apparel articles that each contain a fabric or yarn determined by the USITC to be available in commercial quantities shall be entered under the appropriate subheading specified in any notice published by the USITC in the Federal Register to reflect its affirmative determinations under section 112 of the AGO& in order to carry out the terms of subsection (c)(2) of such section. (d) The USITC will determine, 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 an affirmative USITC determination that-- (i) is available in commercial quantities for use by lesser developed beneficiary sub-Saharan Abican countries for an applicable l-year period beginning on October 1 of each year and ending on September 30 of the following year, and (ii) was used to produce apparel art/c/es in a lesser developed sub-Saharan African beneficiary country enumerated in U.S. note 2(d) to this subchapter that were entered into the United States during each l-year period starting on October I in each year following the USITC's affirmative determination for such fabric or yam and ending on September 30 in the subsequentyear. (e) If a fabric or yam is determined to be available in commercial quantities under such section 112 in an applicable 1-year period, and for 2 consecutive applicable l-year periods the quantities determined to be commercially available are not used in the production of apparel articles receiving preferential treatment under the terms of this note that were entered during those 2 applicable l- year periods, then beginning in the succeeding applicable t -year period the apparel articles containing that fabric or yam are ineligible for preferential treatment under this note in any succeeding applicable 1-year period and shall not be eligible for entry under this note, unless the USITC has determined that the quantity of the fabric or yam determined to be commercially available in such lesser developed beneficiary sub-Saharan African countries for that applicable I- year period has already been used in the production of apparel articles receiving preferential treatment under this note that were entered in that applicable l-year period. Further, the President may by proclamation provide that apparel articles otherwise eligible for preferential treatment under this note that contain a fabric or yam determined by the USITC to be available in commercial quantities may not receive such preferential treatment under the terms of section 112(c)(2)(D)(i) of the AGOA. No apparel articles shall be entered under subheadings 9819.15.10 through 9819.15.42 after the close of September 30, 2012." (3) by inserting in numerical sequence the following new provisions and superior text, with the material inserted in the columns entitled "Heading/Subheading", "Article Description", and "Rates of Duty 1 Special", respectively:
- "Apparel articles of chapter 61 or 62, wholly assembled, : : :
- or knit-to-shape and wholly assembled, or both, in one : : :
- or more lesser developed beneficiary sub-Saharan : : :
- African countries enumerated in U.S. note 2(d) to this : : :
- subchapter and of a type described in U.S. note 5 to this : : :
- subchapter, if entered under the terms of such note: : : :
9819.15.10 : Of denim of subheading 5209.42.00 .................... : Free : 9819.15.15 : Of the first fabric or yarn which the United : : :
- States International Trade Conanission is : : :
- produced in beneficiary sub-Saharan African : : :
- countries is available in commercial quantities : : :
- for use by lesser-developed Saharan Africa : : :
- and specified in a notice published in the : : :
- Federal Register .................................................. : Free :
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