PUBLIC LAW 109–432—DEC. 20, 2006
120 STAT. 3185
of that producer or entity controlling production, is not less than the applicable percentage under subparagraph (E)(i), plus 10 percent, of the aggregate declared customs value of all apparel articles of that producer or entity controlling production that are wholly assembled, or are knit-to-shape, in Haiti and are entered during the preceding applicable 1-year period. ‘‘(iii) RETROACTIVE APPLICATION OF DUTY-FREE TREATMENT.—If— ‘‘(I) a producer or an entity controlling production is ineligible for preferential treatment under paragraph (1) in an applicable 1-year period because that producer or entity controlling production did not satisfy the requirements of subparagraph (A) or (D), and ‘‘(II) that producer or entity controlling production satisfies the requirements of clause (ii) of this subparagraph in that applicable 1-year period, then, notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Bureau of Customs and Border Protection before the 90th day after the Bureau of Customs and Border Protection determines that subclause (II) applies, the entry of any articles— ‘‘(aa) that was made during that applicable 1-year period, and ‘‘(bb) with respect to which there would have been preferential treatment under paragraph (1) if the producer or entity controlling production had satisfied the requirements in subparagraph (A) or (D) (as the case may be), shall be liquidated or reliquidated as though such preferential treatment under paragraph (1) applied to such entry. ‘‘(G) FABRICS NOT AVAILABLE IN COMMERCIAL QUANTITIES.— ‘‘(i) IN GENERAL.—For purposes of determining the applicable percentage under subparagraph (A) or (D), there may be included in that percentage— ‘‘(I) the cost of fabrics or yarns to the extent that apparel articles of such fabrics or yarns would be eligible for preferential treatment, without regard to the source of the fabrics or yarns, under Annex 401 of the NAFTA; and ‘‘(II) the cost of fabrics or yarns that are designated as not being available in commercial quantities for purposes of— ‘‘(aa) section 213(b)(2)(A)(v) of this Act, ‘‘(bb) section 112(b)(5) of the African Growth and Opportunity Act, ‘‘(cc) section 204(b)(3)(B)(i)(III) or (ii) of the Andean Trade Preference Act, or ‘‘(dd) any other provision, relating to determining whether a textile or apparel article is an originating good eligible for preferential treatment, of a law that implements
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