[House Document 110-159]
[From the U.S. Government Publishing Office]



110th Congress, 2d Session - - - - - - - - - - - House Document 110-159
 
 TO TAKE CERTAIN ACTIONS UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT 
               AND THE GENERALIZED SYSTEM OF PREFERENCES

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A PROCLAMATION TO TAKE CERTAIN ACTIONS UNDER THE AFRICAN GROWTH AND 
OPPORTUNITY ACT AND THE GENERALIZED SYSTEM OF PREFERENCES, PURSUANT TO 
             SECTION 502(f)(1)(A) OF THE TRADE ACT OF 1974

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


   January 3, 2009.--Message and accompanying papers referred to the 
         Committee on Ways and Means and ordered to be printed
                                            The White House
                                     Washington, December 19, 2008.
Hon. Nancy Pelosi,
Speaker of the House of Representation,
Washington, DC.
    Dear Madam Speaker: In accordance with section 502(f)(1)(A) 
of the Trade Act of 1974, as amended (the ``1974 Act''), I am 
notifying the Congress of my intent to add the Republic of 
Kosovo (Kosovo) and the Republic of Azerbaijan (Azerbijan) to 
the list of beneficiary developing countries under the 
Generalized System of Preferences (GSP) program.
    In proclamation 8272 of June 30, 2008, I designated Serbia 
as a beneficiary developing country for purposes of the GSP 
program. On February 17, 2008, Kosovo declared its independence 
from Serbia. Pursuant to section 502 of the 1974 Act, and 
having considered the factors set forth in sections 501 and 
502(c) of the 1974 Act, and in light of Kosovo's independence 
from Serbia, I have determined that Kosovo should be designated 
as a separate GSP beneficiary developing country.
    In addition, having considered the factors set forth in 
sections 501 and 502(c) of the 1974 Act, I have determined that 
Azerbaijan should be designated as a beneficiary developing 
country for purposes of the GSP program.
            Sincerely,
                                                    George W. Bush.
 To Take Certain Actions Under the African Growth and Opportunity Act 
               and the Generalized System of Preferences

                              ----------                              


            By the President of the United States of America

                             A PROCLAMATION

    1. Section 506A(a)(1) of the Trade Act of 1974, as amended 
(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) (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).
    2. 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.
    3. 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, title VI of Public Law 109-432), provides 
special rules for certain apparel articles imported from lesser 
developed beneficiary sub-Saharan African countries.
    4. In Proclamation 8157 of June 28, 2007, I designated the 
Islamic Republic of Mauritania (Mauritania) as an eligible sub-
Saharan African country and a beneficiary sub-Saharan African 
country pursuant to section 104 of the AGOA and section 
506A(a)(1) of the 1974 Act and provided that it would be 
considered a lesser developed beneficiary sub-Saharan African 
country for purposes of section 112(c) of the AGOA.
    5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 
2466a(a)(3)) authorizes the President to terminate the 
designation of a country as a beneficiary sub-Saharan African 
country for purposes of section 506A if he determines that the 
country is not making continual progress in meeting the 
requirements described in section 506A(a)(1) of the 1974 Act.
    6. Pursuant to section 506A(a)(3) of the 1974 Act, I have 
determined that Mauritania is not making continual progress in 
meeting the requirements described in section 506A(a)(1) of the 
1974 Act. Accordingly, I have decided to terminate the 
designation of Mauritania as a beneficiary sub-Saharan African 
country for purposes of section 506A of the 1974 Act, effective 
on January 1, 2009.
    7. Pursuant to sections 501 and 502(a) of the 1974 Act (19 
U.S.C. 2461, 2462(a)), the President is authorized to designate 
countries as beneficiary developing countries for purposes of 
the Generalized System of Preferences (GSP) program.
    8. Pursuant to section 502(a)(1) of the 1974 Act, and 
having considered the factors set forth in sections 501 and 
502(c) (19 U.S.C. 2462(c)), I have determined that the Republic 
of Kosovo (Kosovo) should be designated as a beneficiary 
developing country for purposes for the GSP program.
    9. 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 the Republic of Azerbaijan (Azerbaijan) 
should be designated as a beneficiary developing country for 
purposes of the GSP program.
    10. Section 604 of the 1974 Act (19 U.S.C. 2483), as 
amended, authorizes the President to embody in the Harmonized 
Tariff Schedule of the United States (HTS) the substance of 
relevant provisions of that Act, or other acts affecting import 
treatment, and of actions taken thereunder.
    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 section 104 of the AGOA (19 U.S.C. 3703), 
and title V and section 604 of the 1974 Act (19 U.S.C. 2461-67, 
2483), do proclaim that:
    (1) The designation of Mauritania as a beneficiary sub-
Saharan African country for purposes of section 506A of the 
1974 Act is terminated, effective on January 1, 2009.
    (2) In order to reflect in the HTS that beginning on 
January 1, 2009, Mauritania shall no longer be designated as a 
beneficiary sub-Saharan African country, general note 16(a) to 
the HTS is modified by deleting ``Islamic Republic of 
Mauritania'' from the list of beneficiary sub-Saharan African 
countries.
    (3) Kosovo is designated as a beneficiary developing 
country for purposes of the GSP program.
    (4) In order to reflect this designation in the HTS, 
general note 4(a) to the HTS is modified by adding in 
alphabetical order ``Kosovo,'' effective with respect to 
articles entered, or withdrawn from warehouse for consumption, 
on or after February 1, 2009.
    (5) Azerbaijan is designated as a beneficiary developing 
country for purposes of the GSP program.
    (6) In order to reflect this designation in the HTS, 
general note 4(a) to the HTS is modified by adding in 
alphabetical order ``Azerbaijan,'' effective with respect to 
articles entered, or withdrawn from warehouse for consumption, 
on or after February 1, 2009.
    (7) 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 
nineteenth day of December, in the year of our Lord two 
thousand eight, and of the Independence of the United States of 
America the two hundred and thirty-third.

                                                    George W. Bush.

                                  
