[House Document 108-20]
[From the U.S. Government Publishing Office]




108th Congress, 1st Session - - - - - - - - - - - - - House Document 
108-20
 
    TO MODIFY DUTY-FREE TREATMENT UNDER THE GENERALIZED SYSTEM OF 
                              PREFERENCES

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 NOTIFICATION OF HIS INTENTION TO ADD AFGHANISTAN TO THE LIST OF LEAST-
DEVELOPED BENEFICIARY DEVELOPING COUNTRIES UNDER THE GENERALIZED SYSTEM 
 OF PREFERENCES (GSP), PURSUANT TO PUB. L. 104-188, SEC. 1952(a) (110 
                              STAT. 1917)

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  January 27, 2003.--Referred to the Committee on Ways and Means and 
                         ordered to be printed








                                           The White House,
                                      Washington, January 10, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I am writing to inform you of my intent 
to add Afghanistan to the list of beneficiary developing 
countries and to the list of least-developed beneficiary 
developing countries under the Generalized System of 
Preferences (GSP). I have carefully considered the criteria 
identified in sections 501 and 502 of the Trade Act of 1974, as 
amended. In light of these criteria, I have determined that it 
is appropriate to extend GSP beneficiary developing country and 
least-developed beneficiary developing country benefits to 
Afghanistan.
    This notice is submitted in accordance with section 502(f) 
of the Trade Act of 1974.
            Sincerely,
                                                    George W. Bush.







     To Modify Duty-Free Treatment Under the Generalized System of 
                              Preferences

                              ----------                              


            By the President of the United States of America

                             A PROCLAMATION

     Pursuant to section 502 of the Trade Act of 1974, as 
amended (the ``1974 Act'') (19 U.S.C. 2462), the President is 
authorized to designate countries as beneficiary developing 
countries, and to designate any beneficiary developing country 
as a least-developed beneficiary developing country, for 
purposes of the Generalized System of Preferences (GSP).
     Pursuant to section 503(c)(1) of title V of the 1974 Act 
(19 U.S.C. 2463(c)(1)), the President may withdraw, suspend, or 
limit the application of duty-free treatment accorded under 
this title with respect to any article.
    Section 503(d)(5) of the 1974 Act (19 U.S.C. 2463(d)(5)) 
provides that any waiver granted under section 503(d) of the 
1974 Act (19 U.S.C. 2463(d)) shall remain in effect until the 
President determines that such waiver is no longer warranted 
due to changed circumstances.
     Section 506A(b)(1) of the 1974 Act (19 U.S.C. 2466a(b)(1)) 
authorizes the President to provide duty-free treatment for any 
article described in section 503(b)(1)(B) through(G) of the 
1974 Act (19 U.S.C. 2463(b)(1)(B)-(G)) that is the growth, 
product, or manufacture of a designated beneficiary sub-Saharan 
African country, if, after receiving the advice of the United 
states International Trade Commission (USITC), the President 
determines that such article is not import-sensitive in the 
context of imports from beneficiary sub-Saharan African 
countries.
     Pursuant to section 502 of the 1974 Act, and taking into 
account the factors set forth in section 502(c) (19 U.S.C. 
2462(c)), I have decided to designate Afghanistan as a 
beneficiary developing country for purposes of the GSP.
     Pursuant to section 502 of the 1974 Act, and having 
considered the factors set forth in sections 501 and 502(c), I 
have also decided to designate Afghanistan as a least-developed 
beneficiary developing country for purposes of the GSP.
     Pursuant to section 503(c)(1) of the 174 Act, and having 
considered the factors set forth in sections 501 and 502(c), I 
have determined to withdraw the application of duty-free 
treatment under the GSP accorded to a certain article from 
Chile.
     Pursuant to section 503(d)(5), I have determined that the 
waiver granted under section 503(d) to Chile for a certain 
article is no longer warranted due to changed circumstances.
     Pursuant to section 506A(b)(1) of the 1974 Act, and having 
received the advice of the USITC, I have determined that a 
certain article is not import-sensitive in the context of 
imports from beneficiary sub-Saharan African countries. I have 
decided to provide duty-free treatment to this article when 
imported from any beneficiary sub-Saharan African country.
     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 of America, 
including title V and section 604 of the 1974 Act (19 U.S.C. 
2461-7, 2483), do proclaim that:
     (1) In order to reflect in the HTS the addition of 
Afghanistan as a beneficiary developing country and as a least-
developed beneficiary developing country under the GSP, and the 
withdrawal of duty-free treatment under the GSP accordedto a 
certain article from Chile, general note 4 to the HTS is modified as 
provided in section A of the Annex to this proclamation.
    (2) In order to provide duty-free treatment for a certain 
article when imported from a beneficiary sub-Saharan African 
country, the HTS is modified by amending and sub-dividing the 
nomenclature of an existing HTS subheading as provided in 
section B of the Annex to this proclamation.
    (3) In order to provide that Chile should not be treated as 
a beneficiary developing country with respect to a certain 
eligible article for purposes of the GSP, the Rates of Duty 1-
Special subcolumn for the HTS subheading enumerated in section 
C of the Annex to this proclamation is modified as provided in 
such section.
    (4) A waiver of the application of section 503(c)(2) of the 
1974 Act (19 U.S.C. 2463(c)(2)) previously granted to Chile for 
HTS subheading 0811.20.20 shall be terminated on the date of 
publication of this proclamation in the Federal Register.
    (5) Any provisions of previous proclamation and Executive 
Orders that are inconsistent with the actions taken in this 
proclamation are superseded to the extent of such 
inconsistency.
    (6)(a) The modification made by section A of the Annex to 
this proclamation shall be effective with respect to articles 
entered, or withdrawn from warehouse for consumption, on or 
after the dates set forth in that section.
    (b) The modification made by section B of the Annex to this 
proclamation shall be effective with respect to articles 
entered, or withdrawn from warehouse for consumption, on or 
after the fifteenth day after the date of publication of this 
proclamation in the Federal Register.
    (c) The modification made by section C of the Annex to this 
proclamation shall be effective with respect to articles 
entered, or withdrawn from warehouse for consumption, on or 
after the thirtieth day after the date of publication of this 
proclamation in the Federal Register.
    IN WITNESS WHEREOF, I have hereunto set my hand this tenth 
day of January, in the year of our Lord two thousand three, and 
of the Independence of the United States of America the two 
hundred and twenty-seventh.

                                                    George W. Bush.
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