H. R. 434—5
SEC. 105. UNITED STATES-SUB-SAHARAN AFRICA TRADE AND ECO-
NOMIC COOPERATION FORUM.
(a) DECLARATION
OF POLICY.—The President shall convene
annual high-level meetings between appropriate officials of the
United States Government and officials of the governments of sub-
Saharan African countries in order to foster close economic ties
between the United States and sub-Saharan Africa.
(b) ESTABLISHMENT.—Not later than 12 months after the date
of the enactment of this Act, the President, after consulting with
Congress and the governments concerned, shall establish a United
States-Sub-Saharan Africa Trade and Economic Cooperation Forum
(in this section referred to as the ‘‘Forum’’).
(c) REQUIREMENTS.—In creating the Forum, the President shall
meet the following requirements:
(1) The President shall direct the Secretary of Commerce,
the Secretary of the Treasury, the Secretary of State, and
the United States Trade Representative to host the first annual
meeting with their counterparts from the governments of sub-
Saharan African countries eligible under section 104, and those
sub-Saharan African countries that the President determines
are taking substantial positive steps towards meeting the eligi-
bility requirements in section 104. The purpose of the meeting
shall be to discuss expanding trade and investment relations
between the United States and sub-Saharan Africa and the
implementation of this title including encouraging joint ven-
tures between small and large businesses. The President shall
also direct the Secretaries and the United States Trade Rep-
resentative to invite to the meeting representatives from appro-
priate sub-Saharan African regional organizations and govern-
ment officials from other appropriate countries in sub-Saharan
Africa.
(2)(A) The President, in consultation with the Congress,
shall encourage United States nongovernmental organizations
to host annual meetings with nongovernmental organizations
from sub-Saharan Africa in conjunction with the annual
meetings of the Forum for the purpose of discussing the issues
described in paragraph (1).
(B) The President, in consultation with the Congress, shall
encourage United States representatives of the private sector
to host annual meetings with representatives of the private
sector from sub-Saharan Africa in conjunction with the annual
meetings of the Forum for the purpose of discussing the issues
described in paragraph (1).
(3) The President shall, to the extent practicable, meet
with the heads of governments of sub-Saharan African countries
eligible under section 104, and those sub-Saharan African coun-
tries that the President determines are taking substantial posi-
tive steps toward meeting the eligibility requirements in section
104, not less than once every 2 years for the purpose of dis-
cussing the issues described in paragraph (1). The first such
meeting should take place not later than 12 months after
the date of the enactment of this Act.
(d) DISSEMINATION
OF INFORMATION
BY USIS.—In order to
assist in carrying out the purposes of the Forum, the United States
Information Service shall disseminate regularly, through multiple
media, economic information in support of the free market economic
reforms described in this title.
H. R. 434—6
(e) 
HIV/AIDS 
EFFECT
ON
THE
SUB-SAHARAN
AFRICAN
WORKFORCE.—In selecting issues of common interest to the United
States-Sub-Saharan Africa Trade and Economic Cooperation Forum,
the President shall instruct the United States delegates to the
Forum to promote a review by the Forum of the HIV/AIDS epidemic
in each sub-Saharan African country and the effect of the HIV/
AIDS epidemic on economic development in each country.
SEC. 106. REPORTING REQUIREMENT.
The President shall submit to the Congress, not later than
1 year after the date of the enactment of this Act, and annually
thereafter through 2008, a comprehensive report on the trade and
investment policy of the United States for sub-Saharan Africa,
and on the implementation of this title and the amendments made
by this title.
SEC. 107. SUB-SAHARAN AFRICA DEFINED.
For purposes of this title, the terms ‘‘sub-Saharan Africa’’,
‘‘sub-Saharan African country’’, ‘‘country in sub-Saharan Africa’’,
and ‘‘countries in sub-Saharan Africa’’ refer to the following or
any successor political entities:
Republic of Angola (Angola).
Republic of Benin (Benin).
Republic of Botswana (Botswana).
Burkina Faso (Burkina).
Republic of Burundi (Burundi).
Republic of Cameroon (Cameroon).
Republic of Cape Verde (Cape Verde).
Central African Republic.
Republic of Chad (Chad).
Federal Islamic Republic of the Comoros (Comoros).
Democratic Republic of Congo.
Republic of the Congo (Congo).
Republic of Coˆte d’Ivoire (Coˆte d’Ivoire).
Republic of Djibouti (Djibouti).
Republic of Equatorial Guinea (Equatorial Guinea).
State of Eritrea (Eritrea).
Ethiopia.
Gabonese Republic (Gabon).
Republic of the Gambia (Gambia).
Republic of Ghana (Ghana).
Republic of Guinea (Guinea).
Republic of Guinea-Bissau (Guinea-Bissau).
Republic of Kenya (Kenya).
Kingdom of Lesotho (Lesotho).
Republic of Liberia (Liberia).
Republic of Madagascar (Madagascar).
Republic of Malawi (Malawi).
Republic of Mali (Mali).
Islamic Republic of Mauritania (Mauritania).
Republic of Mauritius (Mauritius).
Republic of Mozambique (Mozambique).
Republic of Namibia (Namibia).
Republic of Niger (Niger).
Federal Republic of Nigeria (Nigeria).
Republic of Rwanda (Rwanda).
Democratic Republic of Sao Tome´ and Principe (Sao Tome´
and Principe).
H. R. 434—7
Republic of Senegal (Senegal).
Republic of Seychelles (Seychelles).
Republic of Sierra Leone (Sierra Leone).
Somalia.
Republic of South Africa (South Africa).
Republic of Sudan (Sudan).
Kingdom of Swaziland (Swaziland).
United Republic of Tanzania (Tanzania).
Republic of Togo (Togo).
Republic of Uganda (Uganda).
Republic of Zambia (Zambia).
Republic of Zimbabwe (Zimbabwe).
Subtitle B—Trade Benefits
SEC. 111. ELIGIBILITY FOR CERTAIN BENEFITS.
(a) IN GENERAL.—Title V of the Trade Act of 1974 is amended
by inserting after section 506 the following new section:
‘‘SEC. 506A. DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR
CERTAIN BENEFITS.
‘‘(a) AUTHORITY TO DESIGNATE.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, the President is authorized to designate a country listed
in section 107 of the African Growth and Opportunity Act
as a beneficiary sub-Saharan African country eligible for the
benefits described in subsection (b)—
‘‘(A) if the President determines that the country meets
the eligibility requirements set forth in section 104 of that
Act, as such requirements are in effect on the date of
the enactment of that Act; and
‘‘(B) subject to the authority granted to the President
under subsections (a), (d), and (e) of section 502, if the
country otherwise meets the eligibility criteria set forth
in section 502.
‘‘(2) MONITORING AND REVIEW OF CERTAIN COUNTRIES.—
The President shall monitor, review, and report to Congress
annually on the progress of each country listed in section 107
of the African Growth and Opportunity Act in meeting the
requirements described in paragraph (1) in order to determine
the current or potential eligibility of each country to be des-
ignated as a beneficiary sub-Saharan African country for pur-
poses of this section. The President’s determinations, and expla-
nations of such determinations, with specific analysis of the
eligibility requirements described in paragraph (1)(A), shall
be included in the annual report required by section 106 of
the African Growth and Opportunity Act.
‘‘(3) CONTINUING COMPLIANCE.—If the President determines
that a beneficiary sub-Saharan African country is not making
continual progress in meeting the requirements described in
paragraph (1), the President shall terminate the designation
of that country as a beneficiary sub-Saharan African country
for purposes of this section, effective on January 1 of the
year following the year in which such determination is made.
‘‘(b) PREFERENTIAL TARIFF TREATMENT
FOR CERTAIN ARTI-
CLES.—
H. R. 434—8
‘‘(1) IN
GENERAL.—The President may provide duty-free
treatment for any article described in section 503(b)(1)(B)
through (G) that is the growth, product, or manufacture of
a beneficiary sub-Saharan African country described in sub-
section (a), if, after receiving the advice of the International
Trade Commission in accordance with section 503(e), the Presi-
dent determines that such article is not import-sensitive in
the context of imports from beneficiary sub-Saharan African
countries.
‘‘(2) RULES OF ORIGIN.—The duty-free treatment provided
under paragraph (1) shall apply to any article described in
that paragraph that meets the requirements of section
503(a)(2), except that—
‘‘(A) if the cost or value of materials produced in the
customs territory of the United States is included with
respect to that article, an amount not to exceed 15 percent
of the appraised value of the article at the time it is
entered that is attributed to such United States cost or
value may be applied toward determining the percentage
referred to in subparagraph (A) of section 503(a)(2); and
‘‘(B) the cost or value of the materials included with
respect to that article that are produced in one or more
beneficiary sub-Saharan African countries shall be applied
in determining such percentage.
‘‘(c) BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES, ETC.—
For purposes of this title, the terms ‘beneficiary sub-Saharan Afri-
can country’ and ‘beneficiary sub-Saharan African countries’ mean
a country or countries listed in section 107 of the African Growth
and Opportunity Act that the President has determined is eligible
under subsection (a) of this section.’’.
(b) WAIVER
OF
COMPETITIVE
NEED
LIMITATION.—Section
503(c)(2)(D) of the Trade Act of 1974 (19 U.S.C. 2463(c)(2)(D))
is amended to read as follows:
‘‘(D) LEAST-DEVELOPED BENEFICIARY DEVELOPING COUN-
TRIES
AND
BENEFICIARY
SUB-SAHARAN
AFRICAN
COUN-
TRIES.—Subparagraph (A) shall not apply to any least-
developed beneficiary developing country or any beneficiary
sub-Saharan African country.’’.
SEC. 112. TREATMENT OF CERTAIN TEXTILES AND APPAREL.
(a) PREFERENTIAL TREATMENT.—Textile and apparel articles
described in subsection (b) that are imported directly into the cus-
toms territory of the United States from a beneficiary sub-Saharan
African country described in section 506A(c) of the Trade Act of
1974, shall enter the United States free of duty and free of any
quantitative limitations in accordance with the provisions set forth
in subsection (b), if the country has satisfied the requirements
set forth in section 113.
(b) PRODUCTS COVERED.—The preferential treatment described
in subsection (a) shall apply only to the following textile and apparel
products:
(1) APPAREL
ARTICLES
ASSEMBLED
IN
BENEFICIARY
SUB-
SAHARAN AFRICAN COUNTRIES.—Apparel articles assembled in
one or more beneficiary sub-Saharan African countries from
fabrics wholly formed and cut in the United States, from yarns
wholly formed in the United States, (including fabrics not
formed from yarns, if such fabrics are classifiable under heading
H. R. 434—9
5602 or 5603 of the Harmonized Tariff Schedule of the United
States and are wholly formed and cut in the United States)
that are—
(A) entered under subheading 9802.00.80 of the Har-
monized Tariff Schedule of the United States; or
(B) entered under chapter 61 or 62 of the Harmonized
Tariff Schedule of the United States, if, after such
assembly, the articles would have qualified for entry under
subheading 9802.00.80 of the Harmonized Tariff Schedule
of the United States but for the fact that the articles
were embroidered or subjected to stone-washing, enzyme-
washing, acid washing, perma-pressing, oven-baking,
bleaching, garment-dyeing, screen printing, or other similar
processes.
(2) APPAREL ARTICLES CUT AND ASSEMBLED IN BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRIES.—Apparel articles cut in one
or more beneficiary sub-Saharan African countries from fabric
wholly formed in the United States from yarns wholly formed
in the United States, (including fabrics not formed from yarns,
if such fabrics are classifiable under heading 5602 or 5603
of the Harmonized Tariff Schedule of the United States and
are wholly formed in the United States) if such articles are
assembled in one or more beneficiary sub-Saharan African coun-
tries with thread formed in the United States.
(3) APPAREL
ARTICLES
ASSEMBLED
FROM
REGIONAL
AND
OTHER FABRIC.—Apparel articles wholly assembled in one or
more beneficiary sub-Saharan African countries from fabric
wholly formed in one or more beneficiary sub-Saharan African
countries from yarn originating either in the United States
or one or more beneficiary sub-Saharan African countries
(including fabrics not formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603 of the Harmonized
Tariff Schedule of the United States and are wholly formed
and cut in one or more beneficiary sub-Saharan African coun-
tries), subject to the following:
(A) LIMITATIONS ON BENEFITS.—
(i) IN GENERAL.—Preferential treatment under this
paragraph shall be extended in the 1-year period begin-
ning on October 1, 2000, and in each of the seven
succeeding 1-year periods, to imports of apparel 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 avail-
able.
(ii) APPLICABLE PERCENTAGE.—For purposes of this
subparagraph, the term ‘‘applicable percentage’’ means
1.5 percent for the 1-year period beginning October
1, 2000, increased in each of the seven succeeding
1-year periods by equal increments, so that for the
period beginning October 1, 2007, the applicable
percentage does not exceed 3.5 percent.
(B) SPECIAL RULE FOR LESSER DEVELOPED COUNTRIES.—
(i) IN GENERAL.—Subject to subparagraph (A), pref-
erential treatment shall be extended through Sep-
tember 30, 2004, for apparel articles wholly assembled
H. R. 434—10
in one or more lesser developed beneficiary sub-Saha-
ran African countries regardless of the country of origin
of the fabric used to make such articles.
(ii) LESSER DEVELOPED BENEFICIARY SUB-SAHARAN
AFRICAN COUNTRY.—For purposes of this subparagraph
the term ‘‘lesser developed beneficiary sub-Saharan
African country’’ means a beneficiary sub-Saharan Afri-
can country that had a per capita gross national
product of less than $1,500 a year in 1998, as measured
by the World Bank.
(C) SURGE MECHANISM.—
(i) IMPORT MONITORING.—The Secretary of Com-
merce shall monitor imports of articles described in
this paragraph on a monthly basis to determine if
there has been a surge in imports of such articles.
In order to permit public access to preliminary inter-
national trade data and to facilitate the early identi-
fication of potentially disruptive import surges, the
Director of the Office of Management and Budget may
grant an exception to the publication dates established
for the release of data on United States international
trade in covered articles, if the Director notifies Con-
gress of the early release of the data.
(ii) 
DETERMINATION
OF
DAMAGE
OR
THREAT
THEREOF.—Whenever the Secretary of Commerce
determines, based on the data described in clause (i),
or pursuant to a written request made by an interested
party, that there has been a surge in imports of an
article described in this paragraph from a beneficiary
sub-Saharan African country, the Secretary shall deter-
mine whether such article from such country is being
imported in such increased quantities as to cause
serious damage, or threat thereof, to the domestic
industry producing a like or directly competitive
article. If the Secretary’s determination is affirmative,
the President shall suspend the duty-free treatment
provided for such article under this paragraph. If the
inquiry is initiated at the request of an interested
party, the Secretary shall make the determination
within 60 days after the date of the request.
(iii) 
FACTORS
TO
CONSIDER.—In 
determining
whether a domestic industry has been seriously dam-
aged, or is threatened with serious damage, the Sec-
retary shall examine the effect of the imports on rel-
evant economic indicators such as domestic production,
sales, market share, capacity utilization, inventories,
employment, profits, exports, prices, and investment.
(iv) PROCEDURE.—
(I) INITIATION.—The Secretary of Commerce
shall initiate an inquiry within 10 days after
receiving 
a 
written 
request 
and 
supporting
information for an inquiry from an interested
party. Notice of initiation of an inquiry shall be
published in the Federal Register.
H. R. 434—11
(II) PARTICIPATION BY INTERESTED PARTIES.—
The Secretary of Commerce shall establish proce-
dures to ensure participation in the inquiry by
interested parties.
(III) NOTICE
OF
DETERMINATION.—The Sec-
retary shall publish the determination described
in clause (ii) in the Federal Register.
(IV) INFORMATION
AVAILABLE.—If relevant
information is not available on the record or any
party 
withholds 
information 
that 
has 
been
requested by the Secretary, the Secretary shall
make the determination on the basis of the facts
available. When the Secretary relies on informa-
tion submitted in the inquiry as facts available,
the Secretary shall, to the extent practicable,
corroborate the information from independent
sources that are reasonably available to the Sec-
retary.
(v) INTERESTED
PARTY.—For purposes of this
subparagraph, the term ‘‘interested party’’ means any
producer of a like or directly competitive article, a
certified union or recognized union or group of workers
which is representative of an industry engaged in the
manufacture, production, or sale in the United States
of a like or directly competitive article, a trade or
business association representing producers or sellers
of like or directly competitive articles, producers
engaged in the production of essential inputs for like
or directly competitive articles, a certified union or
group of workers which is representative of an industry
engaged in the manufacture, production, or sale of
essential inputs for the like or directly competitive
article, or a trade or business association representing
companies engaged in the manufacture, production,
or sale of such essential inputs.
(4) SWEATERS KNIT-TO-SHAPE FROM CASHMERE OR MERINO
WOOL.—
(A) CASHMERE.—Sweaters, in chief weight of cashmere,
knit-to-shape in one or more beneficiary sub-Saharan Afri-
can countries and classifiable under subheading 6110.10
of the Harmonized Tariff Schedule of the United States.
(B) MERINO WOOL.—Sweaters, 50 percent or more by
weight of wool measuring 18.5 microns in diameter or
finer, knit-to-shape in one or more beneficiary sub-Saharan
African countries.
(5) APPAREL ARTICLES WHOLLY ASSEMBLED FROM FABRIC
OR YARN NOT AVAILABLE IN COMMERCIAL QUANTITIES IN THE
UNITED STATES.—
(A) IN GENERAL.—Apparel articles that are both cut
(or knit-to-shape) and sewn or otherwise assembled in one
or more beneficiary sub-Saharan African countries, from
fabric or yarn that is not formed in the United States
or a beneficiary sub-Saharan African country, to the extent
that apparel articles of such fabrics or yarns would be
eligible for preferential treatment, without regard to the
source of the fabric or yarn, under Annex 401 to the
NAFTA.
H. R. 434—12
(B) ADDITIONAL APPAREL ARTICLES.—At the request of
any interested party and subject to the following require-
ments, the President is authorized to proclaim the treat-
ment provided under subparagraph (A) for yarns or fabrics
not described in subparagraph (A) if—
(i) the President determines that such yarns or
fabrics cannot be supplied by the domestic industry
in commercial quantities in a timely manner;
(ii) the President has obtained advice regarding
the proposed action from the appropriate advisory com-
mittee established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155) and the United States Inter-
national Trade Commission;
(iii) within 60 calendar days after the request,
the President has submitted a report to the Committee
on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate that
sets forth—
(I) the action proposed to be proclaimed and
the reasons for such action; and
(II) the advice obtained under clause (ii);
(iv) a period of 60 calendar days, beginning with
the first day on which the President has met the
requirements of subclauses (I) and (II) of clause (iii),
has expired; and
(v) the President has consulted with such commit-
tees regarding the proposed action during the period
referred to in clause (iii).
(6) HANDLOOMED, HANDMADE, AND FOLKLORE ARTICLES.—
A handloomed, handmade, or folklore article of a beneficiary
sub-Saharan African country or countries that is certified as
such by the competent authority of such beneficiary country
or countries. For purposes of this paragraph, the President,
after consultation with the beneficiary sub-Saharan African
country or countries concerned, shall determine which, if any,
particular textile and apparel goods of the country (or countries)
shall be treated as being handloomed, handmade, or folklore
articles.
(c) TREATMENT OF QUOTAS ON TEXTILE AND APPAREL IMPORTS
FROM KENYA AND MAURITIUS.—The President shall eliminate the
existing quotas on textile and apparel articles imported into the
United States—
(1) from Kenya within 30 days after that country adopts
an effective visa system to prevent unlawful transshipment
of textile and apparel articles and the use of counterfeit docu-
ments relating to the importation of the articles into the United
States; and
(2) from Mauritius within 30 days after that country adopts
such a visa system.
The Customs Service shall provide the necessary technical assist-
ance to Kenya and Mauritius in the development and implementa-
tion of the visa systems.
(d) SPECIAL RULES.—
(1) FINDINGS AND TRIMMINGS.—
(A) GENERAL RULE.—An article otherwise eligible for
preferential treatment under this section shall not be ineli-
gible for such treatment because the article contains
H. R. 434—13
findings or trimmings of foreign origin, if the value of
such findings and trimmings do not exceed 25 percent
of the cost of the components of the assembled article.
Examples of findings and trimmings are sewing thread,
hooks and eyes, snaps, buttons, ‘‘bow buds’’, decorative
lace trim, elastic strips, and zippers, including zipper tapes
and labels. Elastic strips are considered findings or trim-
mings only if they are each less than 1 inch in width
and used in the production of brassieres.
(B) CERTAIN INTERLININGS.—
(i) GENERAL RULE.—An article otherwise eligible
for preferential treatment under this section shall not
be ineligible for such treatment because the article
contains certain interlinings of foreign origin, if the
value of such interlinings (and any findings and trim-
mings) does not exceed 25 percent of the cost of the
components of the assembled article.
(ii) INTERLININGS DESCRIBED.—Interlinings eligible
for the treatment described in clause (i) include only
a chest type plate, a ‘‘hymo’’ piece, or ‘‘sleeve header’’,
of woven or weft-inserted warp knit construction and
of coarse animal hair or man-made filaments.
(iii) TERMINATION OF TREATMENT.—The treatment
described in this subparagraph shall terminate if the
President makes a determination that United States
manufacturers are producing such interlinings in the
United States in commercial quantities.
(C) EXCEPTION.—In the case of an article described
in subsection (b)(2), sewing thread shall not be treated
as findings or trimmings under subparagraph (A).
(2) DE
MINIMIS
RULE.—An article otherwise eligible for
preferential treatment under this section shall not be ineligible
for such treatment because the article contains fibers or yarns
not wholly formed in the United States or one or more bene-
ficiary sub-Saharan African countries if the total weight of
all such fibers and yarns is not more than 7 percent of the
total weight of the article.
(e) DEFINITIONS.—In this section and section 113:
(1) AGREEMENT
ON
TEXTILES
AND
CLOTHING.—The term
‘‘Agreement on Textiles and Clothing’’ means the Agreement
on Textiles and Clothing referred to in section 101(d)(4) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
(2) BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY, ETC.—
The terms ‘‘beneficiary sub-Saharan African country’’ and
‘‘beneficiary sub-Saharan African countries’’ have the same
meaning as such terms have under section 506A(c) of the Trade
Act of 1974.
(3) NAFTA.—The term ‘‘NAFTA’’ means the North Amer-
ican Free Trade Agreement entered into between the United
States, Mexico, and Canada on December 17, 1992.
(f ) EFFECTIVE DATE.—This section takes effect on October 1,
2000, and shall remain in effect through September 30, 2008.
SEC. 113. PROTECTIONS AGAINST TRANSSHIPMENT.
(a) PREFERENTIAL TREATMENT CONDITIONED ON ENFORCEMENT
MEASURES.—