Proc. 8114 Title 3--The President (B) Entries of articles receiving preferential treatment under heading 9820.62.12 are not included in an annual aggregation under subdivision (e)(i) or (e)(ii) unless the producer or entity controlling production elects, a\177 the time the annual aggregation calculation is made, to include such entries in such aggregation. (C) Entries of apparel articles that receive preferential treatment under any provision of the tariff schedule other than this note, or that are subject to the rate of duty set forth in the general subcolumn of rate of duty column 1 of the tariff schedule, are not included in an annual aggregation under subdivision (e)(i) or (e)(ii) unless the producer or entity controlling production elects, at the time the annual aggregation calculation is made, to include such entries in such aggregation. (t) For purposes of \177is note-- (i) the term "applicable percentage" means-- (A) 50 percent or more during the applicable l-year periods beginning on December 20 in 2006, 2007 or 2008; (B) 55 percent or more during the applicable l-year period beginning on December 20, 2009; and (C) 60 percent or more during the applicable l-year period beginning on December 20, 2010. (ii) the term "foreign material" means a material produced in a country other than Haiti or any country enumerated in subdivision (b) of this note. (iii) For purposes of determining the applicable percentage under subdivision (c), (e)(i) or (e)(ii) of this note, there may be included in that percentage- (A) the cost of fabrics or yams to the extent that apparel articles of such fabrics or yams would be eligible for preferential treatment, without regard to the source of the fabrics or yams, under general note 12(t) to the tariff schedule; and (B) the cost of fabrics or yams that are designated as not being available in commercial quantities for purposes of- (I) handing 9820.11.27; (2) heading 9819.11.24; (3) heading 9821.11.10; or (4) heading 9822.05.01, without regard to the source of the fabrics or yams. (g) The preferential treatment accorded under headings 9820.61.25, 9820.61.30 and 9820.62.12 shall be extended, during each of the applicable 1-year periods set forth in the table below, to not more than the corresponding percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period for which data are available and published in the Federal Register by the Committee for the Implementation of Textile Agreements: Applicable I-year period Percentage December 20, 2006-December 19, 2007 I percent December 20, 2007-December 19, 2008 1.25 percent December 20, 2008-December 19, 2009 1.5 percent December 20, 2009-December 19, 2010 1.75 percent December 20, 201 O-December 19, 2011 2 percent. 22
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