[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Presidential Documents]
[Pages 30415-30425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14596]
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Part V
The President
_______________________________________________________________________
Proclamation 7007--To Modify Duty-Free Treatment Under the Generalized
System of Preferences
Presidential Documents
Federal Register / Vol. 62, No. 106 / Tuesday, June 3, 1997 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Proclamation 7007 of May 30, 1997
To Modify Duty-Free Treatment Under the
Generalized System of Preferences
By the President of the United States of America
A Proclamation
1. Pursuant to sections 501, 503(a)(1)(A), and
503(c)(1) of title V of the Trade Act of 1974 (``the
1974 Act''), 19 U.S.C. 2461-2466, as amended, the
President may designate or withdraw designation of
specified articles provided for in the Harmonized
Tariff Schedule of the United States (HTS) as eligible
for preferential tariff treatment under the Generalized
System of Preferences (GSP) when imported from
designated beneficiary developing countries.
2. Pursuant to sections 501 and 502 of the 1974 Act,
the President is authorized to designate countries as
beneficiary developing countries for purposes of the
GSP.
3. Pursuant to section 503(c)(2)(A) of the 1974 Act,
some beneficiary developing countries are subject to
the competitive need limitation on the preferential
treatment afforded under the GSP to eligible products.
4. Pursuant to section 503(c)(2)(C) of the 1974 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 competitive need
limitation in section 503(c)(2)(A) during the preceding
calendar year.
5. Pursuant to section 503(c)(2)(F) of the 1974 Act,
the President may disregard the competitive need
limitation provided in section 503(c)(2)(A)(i)(II) with
respect to any eligible article if the aggregate
appraised value of the imports of such article into the
United States during the preceding calendar year does
not exceed the applicable amount set forth in section
503(c)(2)(F)(ii).
6. Further, pursuant to subsection 503(d) of the 1974
Act, the President may waive the application of the
competitive need limitation in section 503(c)(2)(A)
with respect to any eligible article of any beneficiary
developing country.
7. Pursuant to section 503(a)(1)(B) of the 1974 Act,
the President may designate articles as eligible
articles only for countries designated as least-
developed beneficiary developing countries under
section 502(a)(2), if the President determines that
such articles are not import-sensitive in the context
of imports from such least-developed beneficiary
developing countries.
8. Pursuant to sections 501, 503(a)(1)(A), and
503(c)(1) of the 1974 Act, I have determined, after
taking into account information and advice received
from the United States International Trade Commission
under section 503(a)(1)(A), to designate additional
articles as eligible articles for purposes of the GSP.
In order to do so, it is necessary to subdivide and
amend the nomenclature of existing provisions of the
HTS.
9. 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 Cambodia as a beneficiary developing
country
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and a least-developed beneficiary developing country
for purposes of the GSP.
10. Pursuant to sections 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.
11. 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 had been
imported previously in quantities that exceeded the
competitive need limitation of section 503(c)(2)(A).
12. 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.
13. Pursuant to section 503(d) of the 1974 Act, I have
determined that the competitive need limitation of
section 503(c)(2)(A) should be waived with respect to
certain eligible articles from certain beneficiary
developing countries. 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),
that such waivers are in the national economic interest
of the United States. In order to grant one of those
waivers, it is necessary to subdivide and amend the
nomenclature of existing provisions of the HTS.
14. Pursuant to section 503(a)(1)(B) of the 1974 Act, I
have determined to designate certain articles as
eligible articles under the GSP only for least-
developed beneficiary developing countries.
15. Section 604 of the 1974 Act, 19 U.S.C. 2483, as
amended, 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, 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 of America, including but not limited to
title V and section 604 of the 1974 Act, do proclaim
that:
(1) In order to provide that Cambodia is designated
as a beneficiary developing country and a least-
developed beneficiary developing country for purposes
of the GSP, 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 that one or more countries should no longer be
treated as beneficiary developing countries with
respect to an eligible article for purposes of the GSP,
general note 4 to the HTS is modified as provided in
section A of Annex I to this proclamation.
(2) In order to designate certain articles as
eligible articles for purposes of the GSP when imported
from beneficiary developing countries, the HTS is
modified as provided in section B of Annex I to this
proclamation.
(3) (a) In order to designate an article as an
eligible article for purposes of the GSP when imported
from any beneficiary developing country other than
India, the Rates of Duty 1-Special subcolumn for the
HTS subheading enumerated in section C(1)(a) of Annex I
to this proclamation is modified as provided in such
Annex section.
(b) In order to designate an article as an
eligible article for purposes of the GSP when imported
from any beneficiary developing country, the Rates of
Duty 1-Special subcolumn for the HTS subheading
enumerated
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in section C(1)(b) of Annex I to this proclamation is
modified as provided in such Annex section.
(c) In order to restore preferential tariff
treatment under the GSP to a country that has been
excluded from the benefits of the GSP for an eligible
article, the Rates of Duty 1-Special subcolumn for each
of the HTS subheadings enumerated in section C(1)(c) of
Annex I to this proclamation is modified as provided in
such Annex section.
(d) In order to provide that one or more
countries should no longer be treated as a beneficiary
developing country with respect to an eligible article
for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for each of the HTS provisions enumerated in
section C(2) of Annex I to this proclamation is
modified as provided in such Annex section.
(4) In order to designate certain articles as
eligible articles for purposes of the GSP only when
imported from designated least-developed beneficiary
developing countries, the HTS is modified as provided
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) In order to provide for the continuation of
previously proclaimed staged reductions in the Rates of
Duty 1-General subcolumn, for goods that fall in the
HTS subheadings modified by section B(1) of Annex I to
this proclamation and that are entered, or withdrawn
from warehouse for consumption, on or after the dates
specified in Annex IV to this proclamation, the rate of
duty in the HTS set forth in such subcolumn for each of
the HTS subheadings enumerated in Annex IV to this
proclamation is deleted and the rate of duty provided
in such Annex is inserted in lieu thereof.
(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.
(8) (a) The modifications made by Annexes I, II,
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 such Annexes.
(b) The action taken in Annex III to this
proclamation shall be effective on May 31, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of May, in the year of our Lord nineteen
hundred and ninety-seven, and of the Independence of
the United States of America the two hundred and
twenty-first.
(Presidential Sig.)
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[FR Doc. 97-14596
Filed 5-30-97; 2:21 pm]
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