Page:United States Statutes at Large Volume 110 Part 3.djvu/192

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110 STAT. 1922 PUBLIC LAW 104-188—AUG. 20, 1996 "(3) REGULATIONS.— The Secretary of the Treasury, after consulting with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out paragraph (2), including, but not limited to, regulations providing that, in order to be eligible for duty-free treatment under this title, an article— "(A) must be wholly the growth, product, or manufacture of a beneficiary developing country, or "(B) must be a new or different article of commerce which has been grown, produced, or manufactured in the beneficiary developing country. " (b) ARTICLES THAT MAY NOT BE DESIGNATED AS ELIGIBLE ARTICLES.— "(1) IMPORT SENSITIVE ARTICLES.—The President may not designate any article as an eligible article under subsection (a) if such article is within one of the following categories of import-sensitive articles: "(A) Textile and apparel articles which were not eligible articles for purposes of this title on January 1, 1994, as this title was in effect on such date. "(B) Watches, except those watches entered after June 30, 1989, that the President specifically determines, after public notice and comment, will not cause material injury to watch or watch band, strap, or bracelet manufacturing and assembly operations in the United States or the United States insular possessions. "(C) Import-sensitive electronic articles. "(D) Import-sensitive steel articles. "(E) Footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of this title on January 1, 1995, as this title was in effect on such date. "(F) Import-sensitive semimanufactured and manufactured glass products. "(G) Any other articles which the President determines to be import-sensitive in the context of the Generalized System of Preferences. "(2) ARTICLES AGAINST WHICH OTHER ACTIONS TAKEN.—An article shall not be an eligible article for purposes of this title for any period during which such article is the subject of any action proclaimed pursuant to section 203 of this Act (19 U.S.C. 2253) or section 232 or 351 of the Trade Expansion Act of 1962 (19 U.S.C. 1862, 1981). "(3) AGRICULTURAL PRODUCTS.— N O quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota quantity shall be eligible for duty-free treatment under this title. " (c) WITHDRAWAL, SUSPENSION, OR LIMITATION OF DUTY-FREE TREATMENT; COMPETITIVE NEED LIMITATION.— "(1) IN GENERAL.—The President may withdraw, suspend, or limit the application of the duty-free treatment accorded under this title with respect to any article, except that no rate of duty may be established with respect to any article pursuant to this subsection other than the rate which would apply but for this title. In taking any action under this subsection, the President shall consider the factors set forth in sections 501 and 502(c).