12 2 STA T . 22 9 9 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 (1) ( B )( i ii) ,fromya r nswh o l ly form ed in t he U nited S tates, e xc e p t that —‘ ‘( I )fa b ric or k nit - to-shape components other- wise eli g ible as qu alifying knit fabric shall not be ineligible as qualifying knit fabric because the fabric or knit-to-shape components contain nylon filament yarn to which section 2 1 3 (b)(2)( A )( v ii)(I V ) applies
‘‘(II) fabric or knit-to-shape components that would otherwise be ineligible as qualifying knit fabric because the fabric or knit-to-shape compo- nents contain yarns not wholly formed in the United States shall not be ineligible as qualifying knit fabric if the total weight of all such yarns is not more than 1 0 percent of the total weight of the fabric or knit-to-shape components; and ‘‘(III) fabric or knit-to-shape components other- wise eligible as qualifying knit fabric shall not be ineligible as qualifying knit fabric because the fabric or knit-to-shape components contain yarns covered by clause (i) or (ii) of paragraph ( 5 )(A) . ‘‘( C ) REVI E WBYUN I T E DS T A TES GO VE R N M ENT A C COUNT- ABI L ITY O F FICE.— T he United States G overnment Account- ability O ffice shall review the program established under subparagraph (B) annually for the purpose of evaluating the effectiveness of, and making recommendations for improvements in, the program. ‘‘( D ) E NFORCEMENT P ROVISIONS.— ‘‘(i) F RAUDULENT CLAIMS OF PREFERENCE.—Any person who makes a false claim for preference under the program established under subparagraph (B) shall be sub j ect to any applicable civil or criminal penalty that may be imposed under the customs laws of the United States or under title 1 8 , United States Code. ‘‘(ii) P ENALTIES FOR OT H ER FRAUDULENT INFORMA- TION.—The Secretary of Commerce may establish and impose penalties for the submission to the Secretary of Commerce of fraudulent information under the pro- gram established under subparagraph (B), other than a claim described in clause (i). ’ ’. (e) SHORT SUPPLY RULES .—Section 213A(b) of the Caribbean Basin Economic Recovery Act is amended by adding at the end the following
‘‘(5) SHORT SUPPLY PROVISION.— ‘‘(A) IN GENERAL.—Any apparel article that is wholly assembled, or knit-to-shape, in H aiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns and is imported directly from Haiti or the Domini- can Republic shall enter the United States free of duty, without regard to the source of the fabrics, fabric compo- nents, components knit-to-shape, or yarns from which the article is made, if the fabrics, fabric components, compo- nents knit-to-shape, or yarns comprising the component that determines the tariff classification of the article are of any of the following: ‘‘(i) Fabrics or yarns, to the extent that apparel articles of such fabrics or yarns would be eligible for 19USC2703a.Pen a lty .
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