View all text of Subchapter II [§ 3721 - § 3724]
§ 3721. Treatment of certain textiles and apparel
(a) Preferential treatment
(b) Products coveredSubject to subsection (c), the preferential treatment described in subsection (a) shall apply only to the following textile and apparel products:
(1) Apparel articles assembled in one or more beneficiary sub-Saharan African countriesApparel articles sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries from fabrics wholly formed and cut, or from components knit-to-shape, in the United States from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under span 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed and cut in the United States) that are—
(A) entered under subspan 9802.00.80 of the Harmonized Tariff Schedule of the United States; or
(B) entered under chapter 61 or 62 of the Harmonized Tariff Schedule of the United States, if, after such assembly, the articles would have qualified for entry under subspan 9802.00.80 of the Harmonized Tariff Schedule of the United States but for the fact that the articles were embroidered or subjected to stone-washing, enzyme-washing, acid washing, perma-pressing, oven-baking, bleaching, garment-dyeing, screen printing, or other similar processes.
(2) Other apparel articles assembled in one or more beneficiary sub-Saharan African countries
(3) Apparel articles from regional fabric or yarnsApparel articles wholly assembled in one or more beneficiary sub-Saharan African countries from fabric wholly formed in one or more beneficiary sub-Saharan African countries from yarns originating in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both (including fabrics not formed from yarns, if such fabrics are classified under span 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed in one or more beneficiary sub-Saharan African countries), or from components knit-to-shape in one or more beneficiary sub-Saharan African countries from yarns originating in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both, or apparel articles wholly formed on seamless knitting machines in a beneficiary sub-Saharan African country from yarns originating in the United States or one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries, or both, whether or not the apparel articles are also made from any of the fabrics, fabric components formed, or components knit-to-shape described in paragraph (1) or (2) (unless the apparel articles are made exclusively from any of the fabrics, fabric components formed, or components knit-to-shape described in paragraph (1) or (2)), subject to the following:
(A) Limitations on benefits
(i) In general
(ii) Applicable percentageFor purposes of this subparagraph, the term “applicable percentage” means—(I) 4.747 percent for the 1-year period beginning October 1, 2003, increased in each of the 5 succeeding 1-year periods by equal increments, so that for the 1-year period beginning October 1, 2007, the applicable percentage does not exceed 7 percent; and(II) for each succeeding 1-year period until September 30, 2025, not to exceed 7 percent.
(B) Surge mechanism
(i) Import monitoring
(ii) Determination of damage or threat thereof
(iii) Factors to consider
(iv) Procedure(I) Initiation(II) Participation by interested parties(III) Notice of determination(IV) Information available
(v) Interested party
(4) Sweaters knit-to-shape from cashmere or merino wool
(A) Cashmere
(B) Merino wool
(5) Apparel articles wholly assembled from fabric or yarn not available in commercial quantities in the United States
(A) In general
(B) Additional apparel articlesAt the request of any interested party and subject to the following requirements, the President is authorized to proclaim the treatment provided under subparagraph (A) for yarns or fabrics not described in subparagraph (A) if—
(i) the President determines that such yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner;
(ii) the President has obtained advice regarding the proposed action from the appropriate advisory committee established under section 2155 of this title and the United States International Trade Commission;
(iii) within 60 calendar days after the request, the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth—(I) the action proposed to be proclaimed and the reasons for such action; and(II) the advice obtained under clause (ii);
(iv) a period of 60 calendar days, beginning with the first day on which the President has met the requirements of subclauses (I) and (II) of clause (iii), has expired; and
(v) the President has consulted with such committees regarding the proposed action during the period referred to in clause (iii).
(C) Removal of designation of fabrics or yarns not available in commercial quantities
(6) Handloomed, handmade, folklore articles and ethnic printed fabrics
(A) In general
(B) Requirements for ethnic printed fabricEthnic printed fabrics qualified under this paragraph are—
(i) fabrics containing a selvedge on both edges, having a width of less than 50 inches, classifiable under subspan 5208.52.30 or 5208.52.40 of the Harmonized Tariff Schedule of the United States;
(ii) of the type that contains designs, symbols, and other characteristics of African prints—(I) normally produced for and sold on the indigenous African market; and(II) normally sold in Africa by the piece as opposed to being tailored into garments before being sold in indigenous African markets;
(iii) printed, including waxed, in one or more eligible beneficiary sub-Saharan countries; and
(iv) fabrics formed in the United States, from yarns formed in the United States, or from fabric formed in one or more beneficiary sub-Saharan African country from yarn originating in either the United States or one or more beneficiary sub-Saharan African countries.
(7) Apparel articles assembled in one or more beneficiary sub-Saharan African countries from United States and beneficiary sub-Saharan African country components
(8) Textile articles originating entirely in one or more lesser developed beneficiary sub-Saharan African countries
(c) Lesser developed countries
(1) Preferential treatment of products through September 30, 2025
(A) Products covered
(B) Applicable percentageFor purposes of subparagraph (A), the term “applicable percentage” means—
(i) 2.9285 percent for the 1-year period beginning on October 1, 2005; and
(ii) 3.5 percent for the 1-year period beginning on October 1, 2006, and each 1-year period thereafter through September 30, 2025.
(2) Applicability of other provisions
(3) DefinitionIn this subsection, the term “lesser developed beneficiary sub-Saharan African country” means—
(A) a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as measured by the International Bank for Reconstruction and Development;
(B) Botswana;
(C) Namibia; and
(D) Mauritius.
(d) Treatment of quotas on textile and apparel imports from Kenya and MauritiusThe President shall eliminate the existing quotas on textile and apparel articles imported into the United States—
(1) from Kenya within 30 days after that country adopts an effective visa system to prevent unlawful transshipment of textile and apparel articles and the use of counterfeit documents relating to the importation of the articles into the United States; and
(2) from Mauritius within 30 days after that country adopts such a visa system.
The Customs Service shall provide the necessary technical assistance to Kenya and Mauritius in the development and implementation of the visa systems.
(e) Special rules
(1) Findings and trimmings
(A) General rule
(B) Certain interlinings
(i) General rule
(ii) Interlinings described
(iii) Termination of treatment
(C) Exception
(2) De minimis rule
(3) Certain componentsAn article otherwise eligible for preferential treatment under this section will not be ineligible for such treatment because the article contains—
(A) any collars or cuffs (cut or knit-to-shape),
(B) drawstrings,
(C) shoulder pads or other padding,
(D) waistbands,
(E) belt attached to the article,
(F) straps containing elastic, or
(G) elbow patches,
that do not meet the requirements set forth in subsections (b) and (c), regardless of the country of origin of the item referred to in the applicable subparagraph of this paragraph.
(f) DefinitionsIn this section and section 3722 of this title:
(1) Agreement on textiles and clothing
(2) Beneficiary sub-Saharan African country, etc.
(3) USMCA
(4) Former sub-Saharan African country
(5) Enter; entered
(g) Effective date
(Pub. L. 106–200, title I, § 112, May 18, 2000, 114 Stat. 258; Pub. L. 107–210, div. C, title XXXI, § 3108(a), Aug. 6, 2002, 116 Stat. 1038; Pub. L. 108–274, § 7(b)–(f), July 13, 2004, 118 Stat. 824–826; Pub. L. 108–429, title II, § 2004(k)(1), Dec. 3, 2004, 118 Stat. 2595; Pub. L. 109–432, div. D, title VI, §§ 6002–6004, Dec. 20, 2006, 120 Stat. 3190–3194; Pub. L. 110–436, § 3(a), (d), Oct. 16, 2008, 122 Stat. 4980, 4981; Pub. L. 112–163, § 1(a), Aug. 10, 2012, 126 Stat. 1274; Pub. L. 114–27, title I, § 103(b), June 29, 2015, 129 Stat. 364; Pub. L. 116–260, div. O, title VI, § 602(a)(1), Dec. 27, 2020, 134 Stat. 2152.)