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G/C/W/508/Rev.2 Page 28

`(I) the cost or value of materials under clause (i) of subparagraph (A), and

`(II) the direct costs of processing operations under clause (ii) of subparagraph (A),

of all apparel articles of that producer or entity controlling production that are wholly assembled, or are knit-to-shape, in Haiti and are entered during the preceding applicable 1-year period.

`(iii) DEDUCTIONS- In calculating cost or value under clause (i)(I) or (ii)(I), there shall be deducted the cost or value of--

`(I) any foreign materials that are used in the production of the apparel articles in Haiti; and

`(II) any foreign materials that are used in the production of the materials described in clause (i)(I) or (ii)(I) (as the case may be).

`(iv) INCLUSION IN CALCULATION OF OTHER ARTICLES RECEIVING PREFERENTIAL TREATMENT- (I) The entry of a woven apparel article receiving preferential treatment under paragraph (4) is not included in an annual aggregation under clause (i) or (ii).

`(II) Entries of articles receiving preferential treatment under paragraph (5) are not included in an annual aggregation under clause (i) or (ii) unless the producer or entity controlling production elects, at the time the annual aggregation calculation is made, to include such entries in such aggregation.

`(III) Entries of apparel articles that receive preferential treatment under any provision of law other than this subsection or are subject to the `General' column 1 rate of duty under the HTS are not included in an annual aggregation under clause (i) or (ii) unless the producer or entity controlling production elects, at the time the annual aggregation calculation is made, to include such entries in such aggregation.

`(E) DEFINITIONS- In this paragraph:

`(i) APPLICABLE PERCENTAGE- The term `applicable percentage' means--

`(I) 50 percent or more during the initial applicable 1-year period, the second applicable 1-year period, and the third applicable 1-year period;

`(II) 55 percent or more during the fourth applicable 1-year period; and

`(III) 60 percent or more during the fifth applicable 1-year period.

`(ii) FOREIGN MATERIAL- The term `foreign material' means a material produced in a country other than Haiti or any country described in subparagraph (C).

`(F) DEVELOPMENT OF PROCEDURE TO ENSURE COMPLIANCE-

`(i) IN GENERAL- The Bureau of Customs and Border Protection of the Department of Homeland Security shall develop and implement methods and procedures to ensure ongoing compliance with the requirements set forth in subparagraphs (A) and (D).

`(ii) NONCOMPLIANCE- If the Bureau of Customs and Border Protection finds that a producer or an entity controlling production has not satisfied such requirements in any applicable 1-year period, either for individual entries entered pursuant to subparagraph (A) or

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