[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
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                         Presidential Documents 
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  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

[[Page 30417]]

                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.)

                Billing code 3195-01-P

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[FR Doc. 97-14596
Filed 5-30-97; 2:21 pm]
Billing code 3190-01-C