546
‘‘(2) SPECIAL RULES FOR PRODUCTS IN COM-
MERCIAL QUANTITIES IN AFRICA.—
‘‘(A) PETITION PROCESS.—Upon a petition 
filed by an interested party (which may include 
a foreign manufacturer), the Commission shall 
determine whether a fabric or yarn produced in 
beneficiary sub-Saharan African countries is 
available in commercial quantities for use by 
lesser developed beneficiary sub-Saharan African 
countries. 
‘‘(B) EFFECT OF AFFIRMATIVE DETERMINA-
TION.—
‘‘(i) DETERMINATION
OF
QUANTITY 
AVAILABLE.—If the Commission determines 
under subparagraph (A) that a fabric or 
yarn produced in beneficiary sub-Saharan 
African countries is available in commer-
cial quantities for use by lesser developed 
beneficiary sub-Saharan African countries, 
the Commission shall determine the quan-
tity of the fabric or yarn that will be so 
available in lesser developed beneficiary 
sub-Saharan African countries in the appli-
cable 1-year period beginning after the de-
termination is made.
547
‘‘(ii) DETERMINATIONS.—In each case 
in which the Commission determines that a 
fabric or yarn is available in commercial 
quantities under subparagraph (A) for an 
applicable 1-year period, the Commission 
shall determine, before the end of that appli-
cable 1-year period—
‘‘(I) whether the fabric or yarn 
produced in beneficiary sub-Saharan 
African countries will be available in 
commercial quantities in the suc-
ceeding applicable 1-year period; and 
‘‘(II) if so, the quantity of the fab-
ric or yarn that will be so available in 
that succeeding 1-year period, subject 
to clause (iii). 
‘‘(iii) DETERMINATION REGARDING IM-
PORTED ARTICLES.—After the end of each 
applicable 1-year period for which a deter-
mination under clause (i) is in effect, the 
Commission shall determine to what extent 
the quantity of the fabric or yarn deter-
mined under clause (i) to be available in 
commercial quantities for use by lesser de-
veloped beneficiary sub-Saharan African
548
countries was used in the production of ap-
parel articles receiving preferential treat-
ment under paragraph (1) that were entered 
in that applicable 1-year period. To the ex-
tent that the quantity so determined was 
not so used, then the Commission shall add 
to the quantity of that fabric or yarn deter-
mined to be available in the next applicable 
1-year period the quantity not so used in 
the preceding applicable 1-year period. 
‘‘(C) DENIM.—Denim articles provided for 
in subheading 5209.42.00 of the Harmonized 
Tariff Schedule of the United States shall be 
deemed to have been determined to be in abun-
dant supply under subparagraph (A) in an 
amount of 30,000,000 square meter equivalents 
for the 1-year period beginning October 1, 2006. 
‘‘(D) PRESIDENTIAL
AUTHORITY
TO
RE-
STRICT IMPORTS.—
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the President may by proclamation 
provide that apparel articles otherwise eligi-
ble for preferential treatment under para-
graph (1) that contain a fabric or yarn de-
termined to be available in commercial
549
quantities under subparagraph (A) may not 
receive such preferential treatment in an 
applicable 1-year period unless—
‘‘(I) the fabric or yarn in such ar-
ticles was produced in 1 or more bene-
ficiary sub-Saharan African countries; 
or 
‘‘(II) the Commission has deter-
mined that the quantity of the fabric 
or yarn determined under subpara-
graph (B) (or (C), as the case may be) 
to be available in lesser developed bene-
ficiary sub-Saharan African countries 
for that applicable 1-year period has 
already been used in the production of 
apparel articles receiving preferential 
treatment under paragraph (1) that 
were entered in that applicable 1-year 
period. 
‘‘(ii) MANDATORY RESTRICTION.—If a 
fabric or yarn is determined to be available 
in commercial quantities under subpara-
graph (A) in an applicable 1-year period, 
and for 2 consecutive applicable 1-year pe-
riods the quantities determined to be so