Notice2021-27311

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)

Primary source

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Published
December 17, 2021
Effective
December 20, 2021

Issuing agencies

Commerce DepartmentInternational Trade Administration

Abstract

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 period. For the period from December 20, 2021 through December 19, 2022, the quantity of imports eligible for preferential treatment under the value-added provision is 367,770,223 square meters equivalent.

Full Text

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<title>Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)</title>
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[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71617-71618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27311]


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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 period. 
For the period from December 20, 2021 through December 19, 2022, the 
quantity of imports eligible for preferential treatment under the 
value-added provision is 367,770,223 square meters equivalent.

DATES: The new limitations become effective December 20, 2021.

FOR FURTHER INFORMATION CONTACT: Laurie Mease, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-2043.

SUPPLEMENTARY INFORMATION: 
    Authority: Section 213A of the Caribbean Basin Economic Recovery 
Act (19 U.S.C. 2703a) (``CBERA''), as amended; and as implemented by

[[Page 71618]]

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, 2021 through 
December 19, 2022 is 60 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, 2021, 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, 2021 is the 12-month period 
ending on October 31, 2021.
    Therefore, for the one-year period beginning on December 20, 2021 
and extending through December 19, 2022, the quantity of imports 
eligible for preferential treatment under the value-added provision is 
367,770,223 square meters equivalent. Apparel articles entered in 
excess of these quantities will be subject to otherwise applicable 
tariffs.

Paul E. Morris,
Acting Deputy Assistant Secretary for Textiles, Consumer Goods, and 
Materials.
[FR Doc. 2021-27311 Filed 12-16-21; 8:45 am]
BILLING CODE 3510-DR-P


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Indexed from Federal Register on December 17, 2021.

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