[House Document 106-88]
[From the U.S. Government Publishing Office]
106th Congress, 1st Session - - - - - - - - - - - - House Document 106-88
INTENTION TO ADD GABON AND MONGOLIA TO THE LIST OF BENEFICIARY
DEVELOPING COUNTRIES
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF HIS INTENTION TO ADD GABON AND MONGOLIA TO THE LIST OF
BENEFICIARY DEVELOPING COUNTRIES UNDER THE GENERALIZED SYSTEM OF
PREFERENCES (GSP), PURSUANT TO PUB. L. 104-188, SEC. 1952(a) (110 STAT.
1917)
July 1, 1999.--Message and accompanying papers referred to the
Committee on Ways and Means and ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
69-011 WASHINGTON : 1999
To the Congress of the United States:
The Generalized System of Preferences (GSP) offers duty-
free treatment to specified products that are imported from
designated beneficiary developing countries. The GSP is
authorized by title V of the Trade Act of 1974, as amended.
I have determined, based on a consideration of the
eligibility criteria in title V, that Gabon and Mongolia should
be added to the list of beneficiary developing countries under
the GSP.
I have also determined that the suspension of preferential
treatment for Mauritania as a beneficiary developing country
under the GSP, as reported in my letters to the Speaker of the
House and President of the Senate of June 25, 1993, should be
ended. I had determined to suspend Mauritania from the GSP
because Mauritania had not taken or was not taking steps to
afford internationally recognized worker rights. I have
determined that circumstances in Mauritania have changed and
that, based on a consideration of the eligibility criteria in
title V, preferential treatment under the GSP for Mauritania as
a least-developed beneficiary developing country should be
restored.
This message is submitted in accordance with the
requirements of title V of the Trade Act of 1974.
William J. Clinton.
The White House, June 30, 1999.
To Modify Duty-Free Treatment Under the Generalized System of
Preferences and for Other Purposes
By the President of the United States of America
a proclamation
1. Pursuant to section 502 of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2462), the President may
designate countries as beneficiary developing countries and
least-developed beneficiary developing countries for purposes
of the Generalized System of Preferences (GSP).
2. Pursuant to section 503(c)(2)(A) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)), beneficiary developing countries, except
those designated as least-developed beneficiary developing
countries, are subject to competitive need limitations on the
preferential treatment afforded under the GSP to eligible
articles.
3. Pursuant to section 503(c)(2)(C) of the 1974 Act (19
U.S.C. 2463(c)(2)(C)), a country that is no longer treated as a
beneficiary developing country with respect to an eligible
article may be redesignated as a beneficiary developing country
with respect to such article if imports of such article from
such country did not exceed the competitive need limitations in
section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A))
during the preceding calendar year.
4. Pursuant to section 503(c)(2)(F) of the 1974 Act (19
U.S.C. 2463(c)(2)(F)), the President may disregard the
competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)(i)(II)) with respect to any eligible article from
any beneficiary developing country if the aggregate appraised
value of the imports of such article into the United States
during the preceding calendar year does not exceed the
applicable amount set forth in section 503(c)(2)(F)(ii) of the
1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).
5. Pursuant to section 503(d) of the 1974 Act (19 U.S.C.
2463(d)), the President may waive the application of the
competitive need limitations in section 503(c)(2)(A) of the
1974 Act (19 U.S.C. 2463(c)(2)(A)) with respect to any eligible
article of any beneficiary developing country if certain
conditions are met.
6. Section 507(2) of the 1974 Act (19 U.S.C. 2467(2))
provides that in the case of an association of countries which
is a free trade area or customs union, or which is contributing
to comprehensive regional economic integration among its
members through appropriate means, including, but not limited
to, the reduction of duties, the President may provide that all
members of such association other than members which are barred
from designation under section 502(b) of the 1974 Act (19
U.S.C. 2462(b)) shall be treated as one country for purposes of
title V of the 1974 Act.
7. Pursuant to section 502 of the 1974 Act, and having
taken account of the eligibility criteria set forth therein, I
have determined that Gabon and Mongolia should be designated as
beneficiary developing countries for purposes of the GSP.
Further, I have determined that the names of two previously
designated beneficiary developing countries should be modified.
8. Pursuant to section 502 of the 1974 Act, and having
taken account of the eligibility criteria set forth therein, I
have determined that the suspension pursuant to Proclamation
6575 of June 25, 1993, of preferential treatment for Mauritania
as a least-developed beneficiary developing country under the
GSP should be ended.
9. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have
determined that certain beneficiary developing countries should
not receive preferential tariff treatment under the GSP with
respect to certain eligible articles imported in quantities
that exceed the applicable competitive need limitation.
10. Pursuant to section 503(c)(2)(C) of the 1974 Act, I
have determined that certain countries should be redesignated
as beneficiary developing countries with respect to certain
eligible articles that previously had been imported in
quantities exceeding the competitive need limitations of
section 503(c)(2)(A) of the 1974 Act.
11. Pursuant to section 503(c)(2)(F) of the 1974 Act, I
have determined that the competitive need limitation provided
in section 503(c)(2)(A)(i)(II) should be waived with respect to
certain eligible articles from certain beneficiary developing
countries.
12. Pursuant to section 503(d) of the 1974 Act, I have
determined that the competitive need limitations of section
503(c)(2)(A) of the 1974 Act should be waived with respect to
certain eligible articles from certain beneficiary developing
countries. I have received the advice of the International
Trade Commission on whether any industries in the United States
are likely to be adversely affected by such waivers, and I have
determined, based on that advice and on the consideration
described in sections 501 and 502(c) of the 1974 Act, that such
waivers are in the national economic interest of the United
States.
13. Pursuant to section 507(2) of the 1974 Act, I have
determined that Cambodia should be added to the list of
countries identified in general note 4(a) of the Harmonized
Tariff Schedule of the United States (HTS) as members of the
Association of South Asian Nations (ASEAN) that shall be
treated as one country for purposes of title V of the 1974 Act.
14. 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 but not limited to title V and section 604
of the 1974 Act, do proclaim that:
(1) In order to provide for the designation of Gabon and
Mongolia as beneficiary developing countries under the GSP, and
to modify the names of two previously designated beneficiary
developing countries, general note 4(a) to the HTS is modified
as provided in sections A(1), A(2), and A(3) of Annex I to this
proclamation and general note 4(b) to the HTS is modified as
provided in section B of Annex I to this proclamation.
(2) In order to provide for the addition of Cambodia to the
list of members of ASEAN that shall be treated as one country
for purposes of title V of the 1974 Act, general note 4(a) to
this HTS is modified as provided in section A(4) of Annex I to
this proclamation.
(3) In order to provide for the restoration of preferential
treatment for Mauritania as a least-developed beneficiary
developing country under the GSP, general note 4(a) to the HTS
is modified as provided in section C(1) of Annex I to this
proclamation and general note 4(b) to the HTS is modified as
provided in section C(2) of Annex I to this proclamation.
(4) In order to provide that certain countries that have
not been treated as beneficiary developing countries with
respect to one or more eligible articles should be designated
as beneficiary developing countries with respect to such
article or articles for purposes of the GSP, and that certain
countries should not be treated as beneficiary developing
countries with respect to one or more eligible articles for
purposes of the GSP, general note 4(d) to the HTS is modified
as provided in section D of Annex I to this proclamation and
the Rates of Duty 1-Special subcolumn for the HTS subheadings
enumerated in section E of Annex I to this proclamation is
modified as provided in such section.
(5) A waiver of the application of section 503(c)(2)(A) of
the 1974 Act shall apply to the eligible articles in the HTS
subheadings and to the beneficiary developing countries set
forth in Annex II to this proclamation.
(6) 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.
(7)(a) The modifications to the HTS made by Annex I to this
proclamation shall be effective on the dates specified in such
annex.
(b) The action taken in Annex II to this proclamation shall
be effective on the date of signature of this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of June, in the year of our Lord nineteen hundred
and ninety-nine, and of the Independence of the United States
of America the two hundred and twenty-third.
William J. Clinton.