[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.
      
    
    
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