201 
oped beneficiary sub-Saharan African countries, 
regardless of the country of origin of the fabric 
or the yarn used to make such articles, in an 
amount not to exceed the applicable percentage 
of the aggregate square meter equivalents of all 
apparel articles imported into the United States 
in the preceding 12-month period for which 
data are available. 
‘‘(B) 
APPLICABLE
PERCENTAGE.—For 
purposes of subparagraph (A), the term ‘appli-
cable percentage’ means— 
‘‘(i) 2.9285 percent for the 1-year pe-
riod beginning on October 1, 2005; and 
‘‘(ii) 3.5 percent for the 1-year period 
beginning on October 1, 2006, and each 1- 
year period thereafter through September 
30, 2012. 
‘‘(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 
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202 
lesser developed beneficiary sub-Saharan Afri-
can countries. 
‘‘(B) EFFECT
OF
AFFIRMATIVE
DETER-
MINATION.— 
‘‘(i) DETERMINATION
OF
QUANTITY 
AVAILABLE.—If the Commission deter-
mines under subparagraph (A) that a fab-
ric or yarn produced in beneficiary sub-Sa-
haran African countries is available in 
commercial quantities for use by lesser de-
veloped beneficiary sub-Saharan African 
countries, the Commission shall determine 
the quantity of the fabric or yarn that will 
be so available in lesser developed bene-
ficiary sub-Saharan African countries in 
the applicable 1-year period beginning 
after the determination is made. 
‘‘(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 ap-
plicable 1-year period— 
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203 
‘‘(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 
fabric or yarn that will be so available 
in that succeeding 1-year period, sub-
ject to clause (iii). 
‘‘(iii) 
DETERMINATION
REGARDING 
IMPORTED
ARTICLES.—After the end of 
each applicable 1-year period for which a 
determination under clause (i) is in effect, 
the Commission shall determine to what 
extent the quantity of the fabric or yarn 
determined under clause (i) to be available 
in commercial quantities for use by lesser 
developed beneficiary sub-Saharan African 
countries was used in the production of ap-
parel articles receiving preferential treat-
ment under paragraph (1) that were en-
tered in that applicable 1-year period. To 
the extent that the quantity so determined 
was not so used, then the Commission 
shall add to the quantity of that fabric or 
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yarn determined 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 eli-
gible for preferential treatment under 
paragraph (1) that contain a fabric or yarn 
determined to be available in commercial 
quantities under subparagraph (A) may 
not receive such preferential treatment in 
an applicable 1-year period unless— 
‘‘(I) the fabric or yarn in such 
articles was produced in 1 or more 
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205 
beneficiary sub-Saharan African coun-
tries; 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 
beneficiary sub-Saharan African coun-
tries for that applicable 1-year period 
has already been used in the produc-
tion of apparel articles receiving pref-
erential treatment under paragraph 
(1) that were entered in that applica-
ble 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 
available are not used in the production of 
apparel articles receiving preferential treat-
ment under paragraph (1) that were en-
tered during those 2 applicable 1-year peri-
ods, then beginning in the succeeding ap-
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206 
plicable 1-year period, apparel articles con-
taining that fabric or yarn are ineligible 
for preferential treatment under paragraph 
(1) in any succeeding applicable 1-year pe-
riod unless the Commission has determined 
that the quantity of the fabric or yarn de-
termined under subparagraph (B) (or (C), 
as the case may be) to be available in less-
er developed beneficiary sub-Saharan Afri-
can countries for that applicable 1-year pe-
riod has already been used in the produc-
tion of apparel articles receiving pref-
erential treatment under paragraph (1) 
that were entered in that applicable 1-year 
period. 
‘‘(E) 
PROCEDURES.—The 
Commission 
shall use the procedures prescribed in sub-
section (b)(3)(C)(iv) for the Secretary of Com-
merce in making determinations under this 
paragraph. 
‘‘(3) REMOVAL OF DESIGNATION OF FABRICS 
OR YARNS NOT AVAILABLE IN COMMERCIAL QUAN-
TITIES.—If the President determines that— 
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