[Federal Register Volume 60, Number 146 (Monday, July 31, 1995)]
[Presidential Documents]
[Pages 39095-39097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18923]




[[Page 39093]]

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Part IV





The President





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 Proclamation 6813--To Amend the Generalized System of Preferences

 Notice of July 28, 1995--Continuation of Iraqi Emergency
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  Federal Register / Vol. 60, No. 146 / Monday, July 31, 1995 / 
Presidential Documents  

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 Title 3--
 The President 

[[Page 39095]]

                Proclamation 6813 of July 28, 1995

                
To Amend the Generalized System of Preferences

                By the President of the United States of America

                A Proclamation

                1. Pursuant to section 504(c) of the Trade Act of 1974, 
                as amended (``Trade Act'')(19 U.S.C. 2464(c)), 
                beneficiary developing countries are subject to 
                limitations on the preferential treatment afforded 
                under the Generalized System of Preferences (GSP). 
                Pursuant to section 504(c)(3) of the Trade Act, the 
                President may waive the application of section 504(c) 
                of the Trade Act after receiving the advice of the 
                International Trade Commission, determining that the 
                waiver is in the national economic interest of the 
                United States, and publishing such determination in the 
                Federal Register. Pursuant to section 504(c)(5) of the 
                Trade Act, 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 limitations in section 504(c)(1) of the 
                Trade Act during the preceding calendar year. Pursuant 
                to section 504(d)(2) of the Trade Act (19 U.S.C. 
                2464(d)(2)), the President may disregard the 
                limitations provided in section 504(c)(1)(B) of the 
                Trade Act with respect to any eligible article if the 
                appraised value of the total imports of such article 
                into the United States during the preceding calendar 
                year is not in excess of an amount that bears the same 
                ratio to $5,000,000 as the gross national product of 
                the United States for that calendar year (as determined 
                by the Department of Commerce) bears to the gross 
                national product of the United States for calendar year 
                1979.

                2. Section 502(b)(7) of the Trade Act (19 U.S.C. 
                2462(b)(7)) provides that a country that has not taken 
                or is not taking steps to afford workers in that 
                country internationally recognized worker rights, as 
                defined in section 502(a)(4) of the Trade Act (19 
                U.S.C. 2462(a)(4)), is ineligible for designation as a 
                beneficiary developing country for purposes of the GSP. 
                Section 502(c)(7) of the Trade Act (19 U.S.C. 
                2462(c)(7)) provides that, in determining whether to 
                designate a country as a beneficiary developing country 
                under the GSP, the President shall take into account 
                whether the country has taken or is taking steps to 
                afford internationally recognized worker rights to 
                workers in that country. Section 504 of the Trade Act 
                (19 U.S.C. 2464) authorizes the President to withdraw, 
                suspend, or limit the application of duty-free 
                treatment under the GSP with respect to any country 
                after considering the factors set forth in sections 501 
                and 502(c) of the Trade Act (19 U.S.C. 2461 and 
                2462(c)).

                3. Pursuant to section 504(c)(3) of the Trade Act, I 
                have determined that it is appropriate to waive the 
                application of section 504(c) of the Trade Act with 
                respect to certain eligible articles from a beneficiary 
                developing country. 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 the considerations 
                described in sections 501 and 502(c) of the Trade Act, 
                that such waivers are in the national economic interest 
                of the United States. Pursuant to section 504(c)(5) of 
                the Trade Act, I have determined that a country should 
                be redesignated as a beneficiary developing country 
                with respect to certain eligible articles. Pursuant to 
                section 504(d)(2) of 

[[Page 39096]]
                the Trade Act, I have determined that section 504(c)(1)(B) of the Trade 
                Act should not apply with respect to certain eligible 
                articles.

                4. Pursuant to sections 502(b)(7), 502(c)(7), and 504 
                of the Trade Act, I have determined that Maldives has 
                not taken and is not taking steps to afford 
                internationally recognized worker rights to workers in 
                Maldives. Accordingly, I have determined that it is 
                appropriate to suspend the designation of Maldives as a 
                beneficiary developing country for purposes of the GSP.

                5. Pursuant to sections 501 and 502 of the Trade Act, 
                and having due regard for the eligibility criteria set 
                forth therein, I have determined that it is appropriate 
                to designate Moldova as a beneficiary developing 
                country for purposes of the GSP.

                6. Section 604 of the Trade 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 provisions of that Act, and of other 
                acts affecting import treatment, and actions 
                thereunder.

                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, including but not limited to sections 
                501, 502, 504, and 604 of the Trade Act, do proclaim 
                that:

                (1) In order to restore preferential tariff treatment 
                under the GSP to a country that has been excluded from 
                the benefits of the GSP for certain eligible articles, 
                the Rates of Duty 1-Special subcolumn for HTS 
                subheadings 0713.31.40, 1102.30.00, 1103.14.00, 
                4104.39.20, 7113.11.50, 7113.20.50, 9401.40.00, 
                9401.61.60, 9401.69.80, 9403.30.80, 9403.40.90, and 
                9403.50.90 are modified by deleting the symbol ``A*'' 
                in parentheses, and by inserting the symbol ``A'' in 
                lieu thereof.

                (2) In order to provide that a country that has not 
                been treated as a beneficiary developing country with 
                respect to certain eligible articles should be restored 
                as a beneficiary developing country with respect to 
                such articles for purposes of the GSP, general note 
                4(d) to the HTS is modified by deleting the following 
                from such note: ``0713.31.40 Thailand'', ``1102.30.00 
                Thailand'', ``1103.14.00 Thailand'', ``4104.39.20 
                Thailand'', ``7113.11.50 Thailand'', ``7113.20.50 
                Thailand'', ``9401.40.00 Thailand'', ``9401.61.60 
                Thailand'', ``9401.69.80 Thailand'', ``9403.30.80 
                Thailand'', ``9403.40.90 Thailand'', and ``9403.50.90 
                Thailand''.

                (3)(a) The waivers of the application of section 504(c) 
                of the Trade Act shall apply to imports of eligible 
                articles from Thailand that are provided for in HTS 
                subheadings 6702.90.65, 7113.11.20, 7113.19.50, and 
                9403.60.80.

                    (b) In order to restore preferential tariff 
                treatment: (i) the Rates of Duty 1-Special subcolumn 
                for HTS subheadings 6702.90.65, 7113.11.20, and 
                9403.60.80 are modified by deleting the symbol ``A*'' 
                in parentheses, and by inserting the symbol ``A'' in 
                lieu thereof; (ii) general note 4(d) is modified by 
                deleting the following from such note: ``6702.90.65 
                Thailand'', ``7113.11.20 Thailand'', and ``9403.60.80 
                Thailand''; and (iii) general note 4(d) is modified by 
                deleting ``Thailand'' set out opposite 7113.19.50.

                (4) General note 4 to the HTS, listing those countries 
                whose products are eligible for benefits of the GSP, is 
                modified by: (a) deleting ``Maldives'' from the list of 
                independent countries in general note 4(a), and 
                deleting ``Maldives'' from the list of least-developed 
                beneficiary developing countries in general note 4(b); 
                and

                    (b) inserting ``Moldova'' in alphabetical order in 
                the list of independent countries in general note 4(a).

                (5) Any provisions of previous proclamations and 
                Executive orders inconsistent with the provisions of 
                this proclamation are hereby superseded to the extent 
                of such inconsistency.

                (6)(a) The modifications to the HTS made by paragraphs 
                (1) and (2) shall be effective July 31, 1995. 

[[Page 39097]]


                    (b) The United States Trade Representative shall 
                issue a notice in the Federal Register announcing when 
                the modifications to the HTS made by paragraph (3)(b) 
                shall be effective.
                    (c) The modifications to the HTS made by paragraph 
                (4)(a) shall be effective 60 days after the date of 
                publication of this proclamation in the Federal 
                Register.
                    (d) The modification to the HTS made by paragraph 
                (4)(b) shall be effective with respect to articles that 
                are: (i) imported on or after January 1, 1976, and (ii) 
                entered, or withdrawn from warehouse for consumption, 
                on or after 15 days after the date of publication of 
                this proclamation in the Federal Register.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-eighth day of July, in the year of our Lord 
                nineteen hundred and ninety-five, and of the 
                Independence of the United States of America the two 
                hundred and twentieth.

                    (Presidential Sig.)

[FR Doc. 95-18923
Filed 7-28-95; 10:36 am]
Billing code 3195-01-P