81 FR 91908 - Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE)

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 243 (December 19, 2016)

CBERA, as amended, provides duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences is known as the ``value-added'' provision, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The provision is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month annual period. For the annual period from December 20, 2016 through December 19, 2017, the quantity of imports eligible for preferential treatment under the value- added provision is 337,117,964 square meters equivalent.

[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91908-91909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30383]


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DEPARTMENT OF COMMERCE

International Trade Administration


Limitation of Duty-Free Imports of Apparel Articles Assembled in 
Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as 
Amended by the Haitian Hemispheric Opportunity Through Partnership 
Encouragement Act (HOPE)

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notification of Annual Quantitative Limit on Imports of Certain 
Apparel from Haiti.

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SUMMARY: CBERA, as amended, provides duty-free treatment for certain 
apparel articles imported directly from Haiti. One of the preferences 
is known as the ``value-added'' provision, which requires that apparel 
meet a minimum threshold percentage of value added in Haiti, the United 
States, and/or certain beneficiary countries. The provision is subject 
to a quantitative limitation, which is calculated as a percentage of 
total apparel imports into the United States for each 12-month annual 
period. For the annual period from December 20, 2016 through December 
19, 2017, the quantity of imports eligible for preferential treatment 
under the value-

[[Page 91909]]

added provision is 337,117,964 square meters equivalent.

DATES: Effective Date: December 20, 2016.

FOR FURTHER INFORMATION CONTACT:  Maria Goodman, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3651.

SUPPLEMENTARY INFORMATION: 
    Authority: Section 213A of the Caribbean Basin Economic Recovery 
Act (19 U.S.C. 2703a) (``CBERA''), as amended by the Haitian 
Hemispheric Opportunity through Partnership Encouragement Act of 2006 
(``HOPE'') (Title V of the Tax Relief and Health Care Act of 2006), the 
Haitian Hemispheric Opportunity through Partnership Encouragement Act 
of 2008 (``HOPE II'') (Subtitle D of Title XV of the Food, 
Conservation, and Energy Act of 2008), the Haiti Economic Lift Program 
Act of 2010 (``HELP''), and the Trade Preferences Extension Act of 
2015; and as implemented by Presidential Proc. No. 8114, 72 FR 13655 
(March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010).
    Background: Section 213A(b)(1)(B) of CBERA, as amended (19 U.S.C. 
2703a(b)(1)(B)), outlines the requirements for certain apparel articles 
imported directly from Haiti to qualify for duty-free treatment under a 
``value-added'' provision. In order to qualify for duty-free treatment, 
apparel articles must be wholly assembled, or knit-to-shape, in Haiti 
from any combination of fabrics, fabric components, components knit-to-
shape, and yarns, as long as the sum of the cost or value of materials 
produced in Haiti or one or more beneficiary countries, as described in 
CBERA, as amended, or any combination thereof, plus the direct costs of 
processing operations performed in Haiti or one or more beneficiary 
countries, as described in CBERA, as amended, or any combination 
thereof, is not less than an applicable percentage of the declared 
customs value of such apparel articles. Pursuant to CBERA, as amended, 
the applicable percentage for the period December 20, 2016 through 
December 19, 2017, is 55 percent.
    For every twelve month period following the effective date of 
CBERA, as amended, duty-free treatment under the value-added provision 
is subject to a quantitative limitation. CBERA, as amended provides 
that the quantitative limitation will be recalculated for each 
subsequent 12-month period. Section 213A (b)(1)(C) of CBERA, as amended 
(19 U.S.C. 2703a(b)(1)(C)), requires that, for the twelve-month period 
beginning on December 20, 2016, the quantitative limitation for 
qualifying apparel imported from Haiti under the value-added provision 
will be an amount equivalent to 1.25 percent of the aggregate square 
meter equivalent of all apparel articles imported into the United 
States in the most recent 12-month period for which data are available. 
The aggregate square meters equivalent of all apparel articles imported 
into the United States is derived from the set of Harmonized System 
lines listed in the Annex to the World Trade Organization Agreement on 
Textiles and Clothing (``ATC''), and the conversion factors for units 
of measure into square meter equivalents used by the United States in 
implementing the ATC. For purposes of this notice, the most recent 12-
month period for which data are available as of December 20, 2016 is 
the 12-month period ending on October 31, 2016.
    Therefore, for the one-year period beginning on December 20, 2016 
and extending through December 19, 2017, the quantity of imports 
eligible for preferential treatment under the value-added provision is 
337,117,964 square meters equivalent. Apparel articles entered in 
excess of these quantities will be subject to otherwise applicable 
tariffs.

    Dated: December 13, 2016.
Felicia Pullam,
Deputy Assistant Secretary for Textiles, Consumer Goods and Materials.
[FR Doc. 2016-30383 Filed 12-16-16; 8:45 am]
 BILLING CODE 3510-DR-P