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G/C/W/508/Rev.2 Page 30

`(dd) any other provision, relating to determining whether a textile or apparel article is an originating good eligible for preferential treatment, of a law that implements a free trade agreement that enters into force under the Bipartisan Trade Promotion Authority Act of 2002,

without regard to the source of the fabrics or yarns.

`(ii) REMOVAL OF DESIGNATION OF FABRICS OR YARNS NOT AVAILABLE IN COMMERCIAL QUANTITIES- If the President determines that--

`(I) any fabric or yarn described in clause (i)(I) was determined to be eligible for preferential treatment, or

`(II) any fabric or yarn described in clause (i)(II) was designated as not being available in commercial quantities,

on the basis of fraud, the President is authorized to remove the eligibility or designation (as the case may be) of that fabric or yarn with respect to articles entered after such removal.

`(3) Quantitative limitations- The preferential treatment described in paragraph (1) shall be extended, during each of the applicable 1-year periods set forth in the following table, to not more than the corresponding percentage of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period for which data are available:

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`During the: the corresponding percentage is:

`initial applicable 1-year period 1 percent.

`second applicable 1-year period  1.25 percent.

`third applicable 1-year period   1.5 percent.

`fourth applicable 1-year period  1.75 percent.

`fifth applicable 1-year period   2 percent.

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No preferential treatment shall be provided under paragraph (1) after the last day of the fifth applicable 1-year period.

`(4) SPECIAL RULE FOR WOVEN APPAREL- In the case of apparel articles classifiable under chapter 62 of the HTS (other than articles classifiable under subheading 6212.10 of the HTS), as in effect on the date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, that do not qualify for preferential treatment under paragraph (1) because they do not meet the percentage requirements under paragraph (2)(A), (2)(B), or (2)(D), the preferential treatment under paragraph (1)--

`(A) shall be extended, in addition to the quantities permitted under paragraph (3) to--

`(i) not more than 50,000,000 square meter equivalents of such apparel articles for the initial applicable 1-year period;

`(ii) not more than 50,000,000 square meter equivalents of such apparel articles for the second applicable 1-year period; and

`(iii) not more than 33,500,000 square meter equivalents for the third applicable 1-year period; and

`(B) may not be extended to such apparel articles after the last day of the third applicable 1-year period.

`(5) SPECIAL RULE FOR BRASSIERES- The preferential treatment under paragraph (1) shall, subject to the limitations under paragraph (3), be extended to any article classifiable under heading 6212.10 of the HTS, if the article is both cut and sewn or otherwise assembled in Haiti or the United States, or both, without regard to the source of the fabric or components from which the article is made, and if Haiti has met the requirements of subsections (d) and (e).

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