12 2 STA T .497 9 PUBLIC LA W 11 0– 4 36—O CT. 16 , 200 8‘ ‘ (4)the te rm ‘ qualify i ng fa b ri c’ mean swov en fabric of cotton wholly forme d in the U nited S tates from yarns wholly formed in the United States and certified by the p roducer or entity controlling production as being suitable for use in the manufacture of apparel items such as trousers , bib and brace overalls, breeches and shorts, s k irts and divided skirts or pants, all the foregoing of cotton, e x cept that — ‘‘( A ) fabric otherwise eligible as qualifying fabric shall not be ineligible as qualifying fabric because the fabric contains nylon filament yarn with respect to which section 213 (b)(2)(A)(vii)( IV ) of the C aribbean B asin E conomic R ecovery Act applies
‘‘(B) fabric that would otherwise be ineligible as quali - fying fabric because the fabric contains yarns not wholly formed in the United States shall not be ineligible as qualifying fabric if the total weight of all such yarns is not more than 1 0 percent of the total weight of the fabric, except that any elastomeric yarn contained in an eligible apparel article must be wholly formed in the United States; and ‘‘(C) fabric otherwise eligible as qualifying fabric shall not be ineligible as qualifying fabric because the fabric contains yarns or fibers that have been designated as not commercially available pursuant to— ‘‘(i) article 3 . 2 5 (4) or Annex 3.25 of the Agreement; ‘‘(ii) Annex 401 of the N orth American F ree T rade Agreement; ‘‘(iii) section 112(b)(5) of the African G rowth and O pportunity Act; ‘‘(iv) section 204(b)(3)(B)(i)(III) or (ii) of the Andean Trade P reference Act; ‘‘(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the Caribbean Basin Economic Recovery Act; or ‘‘(vi) 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 a free trade agreement entered into by the United States that is in effect at the time the claim for preferential treatment is made. ‘‘(d) R EVI E WAND RE PORT .— ‘‘(1) REVIEW.—The United States International Trade Commission shall carry out a review of the program under this section annually for the purpose of evaluating the effective- ness of, and making recommendations for improvements in, the program. ‘‘(2) REPORT.—The United States International Trade Commission shall submit to the appropriate congressional committees annually a report on the results of the review carried out under paragraph (1). ‘‘(e) E F FE C TIVE D ATE AND APP L ICA B ILIT Y .— ‘‘(1) EFFECTIVE DATE.—The program under this section shall be in effect for the 10-year period beginning on the date on which the President certifies to the appropriate congressional committees that sections A, B, C, and D of the Annex to Presidential Proclamation 8 213 (December 20, 200 7 ) have taken effect. Presid e nt.C erti f i ca ti o n.
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