[House Document 110-130]
[From the U.S. Government Publishing Office]
110th Congress, 2d Session - - - - - - - - - - - House Document 110-130
NOTIFICATION TO ADD SERBIA AND MONTENEGRO SEPARATELY TO THE LIST OF
COUNTRIES UNDER THE GENERALIZED SYSTEM OF PREFERENCES AND TO TERMINATE
TRINIDAD AND TOBAGO
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF HIS INTENTION TO DESIGNATE THE REPUBLIC OF SERBIA AND
THE REPUBLIC OF MONTENEGRO AS SEPARATE BENEFICIARY DEVELOPING COUNTRIES
UNDER THE GENERALIZED SYSTEM OF PREFERENCES (GSP) AND TO TERMINATE THE
DESIGNATION OF TRINIDAD AND TOBAGO AS A BENEFICIARY DEVELOPING COUNTRY
UNDER THE GENERALIZED SYSTEM OF PREFERENCES (GSP), PURSUANT TO PUB. L.
104-188, SEC. 1952(a) (110 STAT. 1917)
July 8, 2008.--Referred to the Committee on Ways and Means and ordered
to be printed
The White House,
Washington, June 30, 2008.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: In accordance with section 502(f) of
the Trade Act of 1974, as amended (the ``1974 Act''), I am
notifying the Congress of my intent to (a) designate the
Republic of Serbia (Serbia) and the Republic of Montenegro
(Montenegro) as separate beneficiary developing countries under
the Generalized System of Preferences (GSP); and (b) terminate
the designation of Trinidad and Tobago as a beneficiary
developing country under the GSP.
In proclamation 7912 of June 29, 2005, I designated Serbia
and Montenegro as a beneficiary developing country for purposes
of the GSP. On June 3, 2006, Montenegro declared independence
from Serbia and Montenegro and the country separated into two
independent republics, the Republic of Serbia and the Republic
of Montenegro. Pursuant to section 502 of the 1974 Act, and
having considered the factors set forth in sections 501 and
502(c), I have determined that, in light of the separation of
Serbia and Montenegro into two countries, the Republic of
Serbia and the Republic of Montenegro should each be designated
as beneficiary developing countries for purposes of the GSP.
Section 502(e) of the 1974 Act, provides that the President
shall terminate the designation of a country as a beneficiary
developing country for purposes of the GSP if the President
determines that such country has become a ``high income''
country as defined by the official statistics of the
International Bank for Reconstruction and Development.
Termination is effective on January 1 of the second year
following the year in which such determination is made. I have
determined that Trinidad and Tobago has become a ``high
income'' country, and I am terminating the designation of that
country as a beneficiary developing country for purposes of the
GSP, effective January 1, 2010.
Sincerely,
George W. Bush.
To Modify Duty-Free Treatment Under the Generalized System of
Preferences, Take Certain Actions Under the African Growth and
Opportunity Act, and for Other Purposes
----------
By the President of the United States of America
A PROCLAMATION
1. Pursuant to section 503(c)(2)(A) of the Trade Act of
1974, as amended (the ``1974 Act'') (19 U.S.C. 2463(c)(2)(A)),
beneficiary developing countries, except those designated as
least-developed beneficiary developing countries or beneficiary
sub-Saharan African countries as provided in section
503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are
subject to competitive need limitations on the preferential
treatment afforded under the Generalized System of Preferences
(GSP) to eligible articles.
2. Pursuant to sections 501 and 503(a)(1)(A) of the 1974
Act (19 U.S.C. 2461 and 2463(a)(1)(A)), the President may
designate articles as eligible for preferential tariff
treatment under the GSP.
3. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)(i)) provides that 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 an amount
set forth in section 503(c)(2)(F)(ii) of the 1974 Act (19
U.S.C. 2463(c)(2)(F)(ii)) .
4. Pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C.
2463(d)(1)), the President may waive the application of the
competitive need limitations in section 503(c)(2)(A) of the
1974 Act with respect to any eligible article from any
beneficiary developing country if certain conditions are met.
5. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C.
2463(d)(5)), any waiver granted under section 503(d) shall
remain in effect until the President determines that such
waiver is no longer warranted due to changed circumstances.
6. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e))
provides that the President shall terminate the designation of
a country as a beneficiary developing country for purposes of
the GSP if the President determines that such country has
become a ``high income'' country as defined by the official
statistics of the International Bank for Reconstruction and
Development. Termination is effective on January 1 of the
second year following the year in which such determination is
made.
7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have
determined that in 2007 certain beneficiary developing
countries have exported certain eligible articles in quantities
exceeding the applicable competitive need limitations, and I
therefore terminate the duty-free treatment for such articles
from such beneficiary developing countries.
8. 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) of the 1974 Act should be
disregarded with respect to certain eligible articles from
certain beneficiary developing countries.
9. Pursuant to section 503(d)(1) of the 1974 Act, I have
received the advice of the United States 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 considerations
described in sections 501 and 502(c) of the 1974 Act (19 U.S.C.
2462(c)), and after giving great weight to the considerations
in section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)),
that such waivers are in the national economic interest of the
United States. Accordingly, 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.
10. Pursuant to section 503(d)(5) of the 1974 Act, I have
determined that certain previously granted waivers of the
competitive need limitations of section 503(c)(2)(A) of the
1974 Act are no longer warranted due to changed circumstances.
11. Pursuant to section 502(e) of the 1974 Act, I have
determined that Trinidad and Tobago has become a ``high
income'' country, and I am terminating the designation of that
country as a beneficiary developing country for purposes of the
GSP, effective January 1, 2010.
12. Section 502(a)(1) of the 1974 Act (19 U.S.C.
2462(a)(1)) authorizes the President to designate countries as
beneficiary developing countries for purposes of the GSP. In
Proclamation 7912 of June 29, 2005, I designated Serbia and
Montenegro as a beneficiary developing country for purposes of
the GSP. On June 3, 2006, upon Montenegro's declaration of
independence from Serbia and Montenegro, the country separated
into two independent republics: the Republic of Serbia and the
Republic of Montenegro. Pursuant to section 502 of the 1974
Act, and taking into account the factors set forth in section
502(c) of that Act, I have determined that, in light of the
separation of Serbia and Montenegro into two countries, the
Republic of Serbia and the Republic of Montenegro should each
be designated as a beneficiary developing country for purposes
of the GSP.
13. Section 506A(a)(1) of the 1974 Act (19 U.S.C.
2466a(a)(1)), as added by section 111(a) of the African Growth
and Opportunity Act (title I of Public Law 106-200, 114 Stat.
254) (AGOA), authorizes the President to designate a country
listed in section 107 of the AGOA (19 U.S.C. 3706) as a
beneficiary sub-Saharan African country if the President
determines that the country meets the eligibility requirements
set forth in section 104 of the AGOA (19 U.S.C. 3703) and the
eligibility criteria set forth in section 502 of the 1974 Act
(19 U.S.C. 2462).
14. Section 104 of the AGOA authorizes the President to
designate a country listed in section 107 of the AGOA as an
eligible sub-Saharan African country if the President
determines that the country meets certain eligibility
requirements.
15. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as
added by section 6002(a) of the Africa Investment Incentive Act
of 2006 (division D of title VI of Public Law 109-432, 120
Stat. 2922), provides special rules for certain apparel
articles imported from lesser developed beneficiary sub-Saharan
African countries.
16. Pursuant to section 104 of the AGOA and section
506A(a)(1) of the 1974 Act, I have determined that the Union of
the Comoros (Comoros) meets the eligibility requirements set
forth or referenced therein, and I have decided to designate
Comoros as an eligible sub-Saharan African country and
beneficiary sub-Saharan African country.
17. I have further determined that Comoros satisfies the
criterion for treatment as a lesser developed beneficiary sub-
Saharan African country under section 112(c)(5)(D)(i) of the
AGOA.
18. On August 5, 2004, the United States entered into the
Dominican Republic-Central America-United States Free Trade
Agreement (the ``Agreement'') with Costa Rica, the Dominican
Republic, El Salvador, Guatemala, Honduras, and Nicaragua. The
Congress approved the Agreement in section 101(a) of the
Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act (the ``CAFTA-DR Act'') (19 U.S.C.
4011).
19. Pursuant to section 403(a) of the CAFTA-DR Act (19
U.S.C. 4111(a)), the President is to report biennially to the
Congress on the matters described in that section and, as the
President deems appropriate, in section 403(b)(2) of the CAFTA-
DR Act (19 U.S.C. 4111(b)(2)).
20. Pursuant to section 403(a)(4) of the CAFTA-DR Act (19
U.S.C. 4111(a)(4)), the President is to establish a mechanism
to solicit public comments on the matters described in section
403(a)(3)(D) of the CAFTA-DR Act (19 U.S.C. 4111(a)(3)(D)).
21. In presidential Proclamation 8213 of December 20, 2007,
I modified the Harmonized Tariff Schedule of the United States
(HTS) pursuant to section 1634 of the Pension Protection Act of
2006 (Public Law 109-280, 120 Stat. 780) to carry out the
understandings described in that section. Technical
rectifications to the HTS are required to provide the intended
tariff treatment.
22. In Presidential Proclamation 8240 of April 17, 2008,
pursuant to section 503(c)(2)(A) of the 1974 Act, I modified
the HTS to withdraw duty-free treatment for certain articles
from Jamaica. A technical rectification to the HTS is required
to provide the intended tariff treatment.
23. 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, 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
but not limited to title V and section 604 of the 1974 Act,
section 104 of the AGOA, section 301 of title 3, United States
Code (3 U.S.C. 301), and section 403 of the CAFTA-DR Act, do
proclaim that:
(1) 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 set forth in
section A of Annex I to this proclamation.
(2) 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 such HTS subheadings is
modified as set forth in section B of Annex I to this
proclamation.
(3) In order to designate certain articles as eligible
articles for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for such HTS subheadings is modified as set forth in
section C of Annex I to this proclamation.
(4) The competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect
to the eligible articles in the HTS subheadings and to the
beneficiary developing countries listed in Annex II 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 countries set
forth in Annex III to this proclamation.
(6) The waivers of the application of section 503(c)(2)(A)
of the 1974 Act to the articles in the HTS subheadings and to
the beneficiary developing countries listed in Annex IV to this
proclamation are revoked.
(7) The designation of Trinidad and Tobago as a beneficiary
developing country for purposes of the GSP is terminated,
effective on January 1, 2010.
(8) In order to reflect this termination in the HTS,
general note 4(a) to the HTS is modified by deleting ``Trinidad
and Tobago'' from the list of independent countries, effective
with respect to articles entered, or withdrawn from warehouse
for consumption, on or after January 1, 2010.
(9) The Republic of Serbia is designated as a beneficiary
developing country for purposes of the GSP.
(10) In order to reflect this designation in the HTS,
general note 4(a) is modified by deleting ``Serbia and
Montenegro'' and adding in alphabetical order ``Serbia'' to the
list of independent countries, effective with respect to
articles entered, or withdrawn from warehouse for consumption,
on or after the thirtieth day after the date of this
proclamation.
(11) The Republic of Montenegro is designated as a
beneficiary developing country for purposes of the GSP.
(12) In order to reflect this designation in the HTS,
general note 4(a) is modified by adding in alphabetical order
``Montenegro'' to the list of independent countries, effective
with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the thirtieth day after the date
of this proclamation.
(13) Comoros is designated as an eligible sub-Saharan
African country and as a beneficiary sub-Saharan African
country for purposes of the AGOA.
(14) In order to reflect this designation in the HTS,
general note 16(a) to the HTS is modified by inserting in
alphabetical sequence in the list of beneficiary sub-Saharan
African countries ``Union of the Comoros,'' effective with
respect to articles entered, or withdrawn from warehouse for
consumption, on or after July 1, 2008.
(15) For purposes of section 112(c) of the AGOA, Comoros is
a lesser developed beneficiary sub-Saharan African country.
(16) The modifications to the HTS set forth in Annexes I
and IV 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 the respective annex.
(17) The Secretary of Labor, in consultation with the
United States Trade Representative, shall carry out the
reporting function under sections 403(a) and 403(b)(2) of the
CAFTA-DR Act.
(18) The Secretary of Labor, in consultation with the
United States Trade Representative, shall solicit public
comments under section 403(a)(4) of the CAFTA-DR Act.
(19) In order to provide the intended tariff treatment to
certain articles of Jamaica, the HTS is modified as set forth
in Annex V to this proclamation.
(20) The modifications to the HTS set forth in Annex V to
this proclamation shall be effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or
after the date set forth in Annex V.
(21) In order to provide the intended tariff treatment to
goods subject to the understandings carried out in Proclamation
8213, the HTS is modified as set forth in Annex VI to this
proclamation.
(22) The modifications to the HTS set forth in Annex VI to
this proclamation shall enter into effect on the date that the
modifications to the HTS set out in section C or D of the Annex
to proclamation 8213, as appropriate, enter into force, and
shall be effective with respect to goods entered, or withdrawn
from warehouse for consumption, on or after that date.
(23) 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.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of June in the year of our Lord two thousand
eight, and of the Independence of the United States of America
the two hundred and thirty-second.
George W. Bush.