19 USC 2463 - Designation of eligible articles

1 See References in Text note below.

textile and apparel articles which were not eligible articles for purposes of this subchapter on

2 So in original. Two pars. (5) have been enacted.

Certain cotton articles

Editorial Notes

References in Text

Paragraph (5), referred to in subsec. (span)(1)(A), (E), probably means the subsec. (span)(5) relating to certain luggage and travel articles because section 204 of Puspan. L. 114–27 added such par. (5) as well as those references. See 2015 Amendment notes below.

The Harmonized Tariff Schedule of the United States, referred to in subsec. (span)(4), (5), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

Prior Provisions

A prior section 2463, Puspan. L. 93–618, title V, § 503, Jan. 3, 1975, 88 Stat. 2069; Puspan. L. 96–39, title XI, § 1111(a)(3), July 26, 1979, 93 Stat. 315; Puspan. L. 98–573, title V, § 504, Oct. 30, 1984, 98 Stat. 3020; Puspan. L. 99–47, § 8(span)(2), June 11, 1985, 99 Stat. 85; Puspan. L. 99–514, title XVIII, § 1889(7), Oct. 22, 1986, 100 Stat. 2926; Puspan. L. 100–418, title I, § 1903, Aug. 23, 1988, 102 Stat. 1313; Puspan. L. 101–382, title II, § 226, Aug. 20, 1990, 104 Stat. 660; Puspan. L. 103–465, title IV, § 404(e)(3), Dec. 8, 1994, 108 Stat. 4961, related to eligible articles, prior to the general amendment of this subchapter by Puspan. L. 104–188.

Amendments

2018—Subsec. (c)(2)(A)(i). Puspan. L. 115–141, § 502(1)(A), substituted “November 1” for “July 1” in concluding provisions.

Subsec. (c)(2)(E). Puspan. L. 115–141, § 502(1)(B), substituted “in any of the preceding 3 calendar years” for “on January 1, 1995”.

Subsec. (d)(1), (3), (4)(B)(ii). Puspan. L. 115–141, § 502(2), substituted “November 1” for “July 1”.

2015—Subsec. (span)(1)(A). Puspan. L. 114–27, § 204(1), substituted “paragraphs (4) and (5)” for “paragraph (4)”.

Subsec. (span)(1)(E). Puspan. L. 114–27, § 204(2), substituted “Except as provided in paragraph (5), footwear” for “Footwear”.

Subsec. (span)(5). Puspan. L. 114–27, § 204(3), which directed amendment of subsec. (span)(1) by adding par. (5), relating to certain luggage and travel articles, at the end, was executed by adding such par. (5) at the end of subsec. (span), to reflect the probable intent of Congress.

Puspan. L. 114–27, § 202, added par. (5) relating to certain cotton articles.

2006—Subsec. (d)(4)(B). Puspan. L. 109–432 designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cl. (ii).

2004—Subsec. (span)(1)(A). Puspan. L. 108–429, § 1555(span), substituted “Except as provided in paragraph (4), textile” for “Textile”.

Subsec. (span)(4). Puspan. L. 108–429, § 1555(a), added par. (4).

2000—Subsec. (c)(2)(D). Puspan. L. 106–200 amended span and text of subpar. (D) generally. Prior to amendment, text read as follows: “Subparagraph (A) shall not apply to any least-developed beneficiary developing country.”

1999—Subsec. (a)(2)(A)(ii). Puspan. L. 106–36 added subcl. (II) and concluding provisions and struck out former subcl. (II) which read as follows: “the direct costs of processing operations performed in such beneficiary developing country or such member countries, is not less than 35 percent of the appraised value of such article at the time it is entered.”

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Puspan. L. 108–429, title I, § 1555(c), Dec. 3, 2004, 118 Stat. 2579, provided that: “The amendments made by subsections (a) and (span) [amending this section] shall apply to any article entered, or withdrawn from warehouse for consumption, on or after the date on which the President makes a designation with respect to the article under section 503(span)(4) of the Trade Act of 1974 [subsec. (span)(4) of this section], as added by subsection (a).”

Effective Date

Section applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Puspan. L. 104–188, set out as a note under section 2461 of this title.

Application of Competitive Need Limitation and Waiver Under Generalized System of Preferences With Respect to Articles of Beneficiary Developing Countries Exported to the United States During Calendar Year 2014

Puspan. L. 114–27, title II, § 203, June 29, 2015, 129 Stat. 372, provided that:

“(a)In General.—For purposes of applying and administering subsections (c)(2) and (d) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463) with respect to an article described in subsection (span) of this section, subsections (c)(2) and (d) of section 503 of such Act shall be applied and administered by substituting ‘October 1’ for ‘July 1’ each place such date appears.

“(span)Article Described.—An article described in this subsection is an article of a beneficiary developing country that is designated by the President as an eligible article under subsection (a) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463) and with respect to which a determination described in subsection (c)(2)(A) of such section was made with respect to exports (directly or indirectly) to the United States of such eligible article during calendar year 2014 by the beneficiary developing country.”