[House Document 107-96]
[From the U.S. Government Publishing Office]
107th Congress, 1st Session - - - - - - - - - - - House Document 107-96
NOTIFICATION TO ADD THE REPUBLIC OF GEORGIA TO THE LIST OF COUNTRIES
UNDER THE GENERALIZED SYSTEM OF PREFERENCES (GSP)
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF HIS INTENTION TO ADD THE REPUBLIC OF GEORGIA 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 10, 2001.--Referred to the Committee on Ways and Means and ordered
to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
89-011 WASHINGTON : 2001
The White House,
Washington, June 29, 2001.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to section 502(f) of the Trade
Act of 1974, as amended (the ``Act''), I am writing to notify
you of my intent to add the Republic of Georgia to the list of
beneficiary developing countries under the Generalized System
of Preferences (GSP). The GSP program offers duty-free access
to the U.S. market for a wide range of products from
beneficiary developing countries.
I have considered the criteria set forth in sections 501
and 502 of the Act and have determined that it is appropriate
to extend GSP benefits to Georgia.
Sincerely,
George W. Bush.
To Modify Duty-Free Treatment Under the Generalized System of
Preferences
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By the President of the United States of America
A PROCLAMATION
1. 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 for purposes of the Generalized System of Preferences
(GSP).
2. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)) provides that beneficiary developing countries,
except least-developed beneficiary developing countries or
beneficiary sub-Saharan African countries, are subject to
competitive need limitations on the preferential treatment
afforded under the GSP to eligible articles.
3. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C.
2463(c)(2)(C)) provides that 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) during the preceding
calendar year.
4. Section 503(c)(2)(F) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)) provides that the President may disregard the
competitive need limitation provided in section
503(c)(2)(A)(i)(II) (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 an amount set forth in section
503(c)(2)(F)(ii) (19 U.S.C. 2463(c)(2)(F)(ii)).
5. Section 503(d) of the 1974 Act (19 U.S.C. 2463(d))
provides that the President may waive the application of the
competitive need limitations in section 503(c)(2)(A) with
respect to any eligible article of any beneficiary developing
country if certain conditions are met.
6. Pursuant to sections 501 and 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
Georgia as a beneficiary developing country for purposes of the
GSP.
7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have
determined that certain beneficiary countries should no longer
receive preferential tariff treatment under the GSP with
respect to certain eligible articles imported in quantities
that exceed the applicable competitive need limitation.
8. 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). For certain articles, I have decided that
the effective date of the redesignation shall be determined by
the United States Trade Representative (USTR).
9. 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. For certain articles, I have decided that the
effective date of the waiver shall be determined by the USTR.
10. Pursuant to section 503(d) of the 1974 Act, I have
determined that the competitive need limitations of section
503(c)(2)(A) should be waived with respect to certain eligible
articles from a beneficiary developing country. I have received
the advice of the International Trade Commissionon 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
considerations described in sections 501 and 502(c), that such waivers
are in the national economic interest of the United States. I have
decided that the effective date of the waivers shall be determined by
the USTR.
11. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes
the President to embody in the Harmonized Tariff Schedule of
the United States (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, GEORGE W. BUSH, President of the United
States of America, acting under the authority vested in me by
the Constitution and the laws of the United States, including
section 301 of title 3, United States Code, and title V and
section 604 of the 1974 Act, do proclaim that:
(1) In order to reflect in the HTS the addition of Georgia
as a beneficiary developing country under the GSP, general note
4(a) to the HTS is modified as provided in section A(1) of
Annex I to this proclamation.
(2) In order to provide that one or more countries that
have not been treated as beneficiary developing countries with
respect to one or more eligible articles should be redesignated
as beneficiary developing countries with respect to such
article or articles for purposes of the GSP, and in order to
provide that one or more countries should no longer 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 A(2) of Annex I and
paragraph (1) of Annex III to this proclamation.
(3)(a) In order to provide preferential tariff treatment
under the GSP to a beneficiary developing country that has been
excluded from the benefits of the GSP for certain eligible
articles, the Rates of Duty 1--Special subcolumn for each of
the HTS subheadings enumerated in section A(3)(a) of Annex I
and paragraph (2) of Annex III to this proclamation is modified
as provided in such section and paragraph.
(b) In order to provide that one or more countries should
not be treated as beneficiary developing countries with respect
to certain eligible articles for purposes of the GSP, the Rates
of Duty 1-Special subcolumn for each of the HTS subheadings
enumerated in section A(3)(b) of Annex I to this proclamation
is modified as provided in such section.
(4) A waiver of the application of section
503(c)(2)(A)(i)(II) of the 1974 Act shall apply to the eligible
articles in the HTS subheadings and to the beneficiary
developing countries listed in section B of Annex I to this
proclamation.
(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 country 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 made by Annex I to this
proclamation shall be effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or
after July 1, 2001.
(b) The action taken in paragraph (5) of this proclamation
shall be effective on the date of signature of this
proclamation.
(c) The modifications made by Annex III to this
proclamation shall be effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or
after a date to be announced in the Federal Register by the
USTR.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-ninth day of June, in the year of our Lord two thousand
one, and of the Independence of the United States of America
the two hundred and twenty-fifth.
George W. Bush.