[House Document 106-318]
[From the U.S. Government Publishing Office]
106th Congress, 2d Session - - - - - - - - - - - House Document 106-318
TO IMPLEMENT TITLE V OF THE TRADE AND DEVELOPMENT ACT OF 2000 AND TO
MODIFY THE GENERALIZED SYSTEM OF PREFERENCES
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF HIS INTENTION TO MODIFY THE LIST OF BENEFICIARY
DEVELOPING COUNTRIES UNDER THE GENERALIZED SYSTEM OF PREFERENCES,
CHANGING THE DESIGNATION OF ``WESTERN SAMOA'' TO ``SAMOA'' SUBMITTED
IN ACCORDANCE WITH SECTION 502(f) OF THE TRADE ACT OF 1974
December 6, 2000.--Referred to the Committee on Ways and Means and
ordered to be printed
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U.S. GOVERNMENT PRINTING OFFICE
89-011 WASHINGTON : 2000
The White House,
Washington, December 1, 2000.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby notify you of my intent to
modify the list of beneficiary developing countries under the
Generalized System of Preferences (GSP), which offers duty-free
access to the U.S. market for eligible products imported from
designated beneficiary developing countries. Specifically, I
intend to change the designation of ``Western Samoa'' to
``Samoa,'' to reflect this nation's current name, in the list
of beneficiary developing countries and to designate Samoa as a
least-developed beneficiary developing country under the GSP. I
have carefully considered the criteria in sections 501 and 502
of the Trade Act of 1974 and have determined that it is
appropriate to designate Samoa as such.
This notice is submitted in accordance with section 502(f)
of the Trade Act of 1974.
Sincerely,
William J. Clinton.
To Implement Title V of the Trade and Development Act of 2000 and To
Modify the Generalized System of Preferences
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By the President of the United States of America
A Proclamation
1. Title V of the Trade and Development Act of 2000 (Public
Law 106-200) (the ``Act'') modifies the tariff treatment of
certain imported wool articles.
2. Section 501(a)(1) of the Act amends the Harmonized
Tariff Schedule of the United States (HTS) to create a new
heading, 9902.51.11, for imports of certain worsted wool
fabrics with average fiber diameters greater than 18.5 microns.
Section 501(d) of the Act limits the quantity of imports under
heading 9902.51.11, on an annual basis, to 2,500,000 square
meter equivalents or such other quantity proclaimed by the
President pursuant to section 504(b)(3) of the Act.
3. Section 501(b)(1) of the Act amends the HTS to create a
new heading, 9902.51.12, for imports of certain worsted wool
fabrics with average fiber diameters of 18.5 microns or less.
Section 501(d) of the Act limits the quantity of imports under
heading 9902.51.12, on an annual basis, to 1,500,000 square
meter equivalents or such other quantity proclaimed by the
President pursuant to section 504(b)(3) of the Act.
4. Section 501(b)(2) of the Act authorizes the President to
proclaim a reduction in the rate of duty applicable to imports
of worsted wool fabrics classified under heading 9902.51.12 of
the HTS that is necessary to equalize such rate of duty with
the most favored nation rate of duty applicable to imports of
such worsted wool fabrics into Canada.
5. Section 501(e) of the Act provides that in implementing
the limitation on the quantity of imports of worsted wool
fabrics under headings 9902.51.11 and 9902.51.12 of the HTS,
the President, consistent with U.S. international obligations,
shall take such action as he determines appropriate to ensure
that such fabrics are fairly allocated to persons who cut and
sew men's and boys' worsted wool suits and suit-type jackets
and trousers in the United States and who apply for an
allocation based on the amount of such suits cut and sewn
during the prior calendar year.
6. Section 503(a) of the Act requires the President to
proclaim 8-digit tariff categories for certain wool yarn and
wool fabrics with an average fiber diameter of 18.5 microns or
less, and men's or boys' suits, suit-type jackets, and trousers
of worsted wool fabric, made of wool yarn with an average
diameter of 18.5 microns or less. Section 503(b) of the Act
authorizes the President to make conforming changes in the HTS
to take into account the new tariff categories proclaimed under
section 503(a).
7. Section 504(a) of th4 Act requires the President to
monitor market conditions in the United States, including
domestic demand, domestic supply, and increases in domestic
production, of worsted wool fabrics and their components in the
market for (i) men's or boys' worsted wool suits, suit-type
jackets, and trousers, (ii) worsted wool fabrics and yarn used
in the manufacture of such apparel articles, and (iii) wool
used in the production of such fabrics and yarn.
8. Section 504(b)(1) requires the President, on an annual
basis, to consider requests from domestic manufacturers of
apparel products made of worsted wool fabrics described in
section 504(a) to modify the limitation on the quantity of
imports of worsted wool fabrics under headings 9902.51.11 and
9902.51.12 of the HTS.
9. Section 504(b)(3) of the Act authorizes the President,
after taking into account the market conditions set forth in
section 504(b)(2) of the Act, to modify the limitation on the
quantity of imports of worsted wool fabrics under headings
9902.51.11 and 9902.51.12 of the HTS, provided that any such
modification shall not exceed 1,000,000 square meter
equivalents annually for each heading, and to proclaim any such
modifications.
10. Section 504(c) requires the President to issue
regulations to implement the provisions of section 504.
11. I have determined that it is appropriate to authorize
the Secretary of Commerce (Secretary) to perform certain
functions specified in sections 501(e) and 504(b) of the Act.
12. I have determined that it is appropriate to authorize
the United States Trade Representative (USTR) to perform
certain functions specified in section 504(a) of the Act.
13. Sections 501 and 502 of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2461 and 2462), authorize
the President to designate countries as beneficiary developing
countries and as least-developed beneficiary developing
countries for purposes of the Generalized System of Preferences
(GSP).
14. Pursuant to Executive Order 11888 of November 24, 1975,
Western Samoa was designated as a beneficiary developing
country for purposes of the GSP. I have determined that the
designation of Western Samoa as a beneficiary developing
country under the GSP should be modified so that the
designation applies to Samoa. Furthermore, pursuant to section
502 of the 1974 Act, and having due regard for the eligibility
criteria set forth therein, I have determined that it is
appropriate to designate Samoa as a least-developed beneficiary
developing country for purposes of the GSP.
15. Proclamation 6425 of April 29, 1992, suspended the
application of duty-free treatment under the GSP for certain
handloomed cotton fabrics imported from India. On September 14,
2000, the United States Government and the Government of India
entered into a Memorandum of Understanding in which the United
States agreed to restore GSP treatment for certain handloomed
cotton fabrics. Pursuant to section 501 of the 1974 Act, I have
determined that it is appropriate to restore GSP treatment for
these articles to give effect to the Memorandum of
Understanding.
16. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes
the President to embody in the HTS the substance of the
relevant provisions of that Act, and of other acts affecting
import treatment, and actions thereunder, including the
removal, modification, continuance, or imposition of any rate
of duty or other import restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the
United States of America, acting under the authority vested in
me by the Constitution and the laws of the United States of
America, including section 301 of title 3, United States Code,
title V of the Act, and sections 501, 502, and 604 of the 1974
Act, do proclaim that:
(1) In order to provide separate tariff treatment for the
articles specified in section 503(a) of the Act, the HTS is
modified as provided in section A of the Annex to this
proclamation.
(2) In order to make conforming changes to take into
account the new permanent tariff categories established in
section A of the Annex to this proclamation, the HTS is further
modified as provided in section B of the Annex to this
proclamation.
(3) The Secretary is authorized to exercise the authority
set forth in section 501(e) of the Act to allocate the quantity
of imports of worsted wool fabrics under headings 9902.51.11
and 9902.51.12. Any determination by the Secretary under this
paragraph shall be set forth in a notice or notices that the
Secretary shall cause to be published in the Federal Register.
(4) The Secretary is authorized to monitor the most favored
nation rate of duty applicable to imports into Canada of
worsted wool fabrics of the kind classified under heading
9902.51.12 of the HTS and shall notify the President of any
reduction, effective on or after May 18, 2000, in the Canadian
most favored nation rate of duty on such imports. The Secretary
shall cause to be published in the Federal Register a notice
describing any such reduction.
(5) The Secretary is authorized to exercise the authority
set forth in section 504(b)(1) of the Act to consider, on an
annual basis, requests from domestic manufacturers of
apparelproducts made of worsted wool fabrics described in section
504(a) to modify the limitation on the quantity of imports of worsted
wool fabrics under headings 9902.51.11 and 9902.51.12 of the HTS.
(6) The Secretary is authorized to determine, under section
504(b)(3) of the Act, whether the limitation on the quantity of
imports of worsted wool fabrics under headings 9902.51.11 and
9902.51.12 of the HTS should be modified and to recommend to
the President that appropriate modifications be made.
(7) The Secretary is authorized to issue regulations to
implement the provisions of sections 501 and 504(b) of the Act,
the implementation of which have been delegated to the
Secretary pursuant to paragraphs 3, 4, 5, and 6 of this
proclamation.
(8) The USTR is authorized to exercise the authority set
forth in section 504(a) of the Act to monitor market conditions
in the United States for the worsted wool articles specified in
that section.
(9) In order to reflect a change in the name of a
designated beneficiary developing country for purposes of the
GSP, general note 4(a) to the HTS is modified by striking
``Western Samoa'' and by inserting in alphabetical sequence in
lieu thereof ``Samoa'' in the enumeration of independent
beneficiary developing countries.
(10) Samoa is designated as a least-developed beneficiary
developing country for purposes of the GSP and title V of the
1974 Act. In order to reflect such designation, general note
4(b)(i) to the HTS, enumerating those countries designated as
least-developed beneficiary developing countries for purposes
of the GSP, is modified by inserting in alphabetical sequence
``Samoa.''
(11) In order to provide that India is again treated as a
beneficiary developing country with respect to certain
certified handloomed cotton fabrics for purposes of the GSP
program, the HTS is modified as provided in section C of the
Annex to this proclamation.
(12) Any provisions of previous proclamations and Executive
Orders that are inconsistent with the actions taken in this
proclamation are superseded to the extent of such
inconsistency.
(13) This proclamation is effective on the date of
signature of this proclamation, except that the designation of
Samoa as a least-developed beneficiary developing country shall
be effective with respect to articles entered, or withdrawn
from warehouse for consumption, on or after the date that is 60
days from the date of publication of this proclamation in the
Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this first
day of December, in the year of our Lord two thousand, and of
the Independence of the United States of America the two
hundred and twenty-fifth.
William J. Clinton.