[Federal Register Volume 65, Number 193 (Wednesday, October 4, 2000)]
[Presidential Documents]
[Pages 59321-59327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25692]



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Part VI





The President





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Proclamation 7350--To Implement the African Growth and Opportunity Act 
and To Designate Eritrea as a Beneficiary Developing Country for 
Purposes of the Generalized System of Preferences



Proclamation 7351--To Implement the United States-Caribbean Basin Trade 
Partnership Act
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  Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 59321]]

                Proclamation 7350 of October 2, 2000

                
To Implement the African Growth and Opportunity 
                Act and To Designate Eritrea as a Beneficiary 
                Developing Country for Purposes of the Generalized 
                System of Preferences

                By the President of the United States of America

                A Proclamation

                1. Section 111(a) of the African Growth and Opportunity 
                Act (Title I of Public Law 106-200) (AGOA) amends Title 
                V of the Trade Act of 1974, as amended (the ``1974 
                Act''), to provide, in new section 506A(a) (19 U.S.C. 
                2466a(a)), that the President is authorized to 
                designate countries listed in section 107 of the AGOA 
                as ``beneficiary sub-Saharan African countries.''

                2. Section 112(a) of the AGOA (19 U.S.C. 3721(a)) 
                provides that eligible textile and apparel articles 
                that are imported directly into the customs territory 
                of the United States from a beneficiary sub-Saharan 
                African country shall enter the United States free of 
                duty and free of quantitative limitations, provided 
                that the country has satisfied the requirements of 
                section 113(a) of the AGOA (19 U.S.C. 3722(a)) relating 
                to the establishment of procedures to protect against 
                unlawful transshipments, and section 113(b)(1)(B) of 
                the AGOA (19 U.S.C. 3722(b)(1)(B)) relating to the 
                implementation of procedures and requirements similar 
                to those in chapter 5 of the North American Free Trade 
                Agreement (NAFTA).

                3. Section 112(b)(3)(B) of the AGOA (19 U.S.C. 
                3721(b)(3)(B)) provides special rules for certain 
                apparel articles imported from ``lesser developed 
                beneficiary sub-Saharan African countries.''

                4. Section 112(c) of the AGOA (19 U.S.C. 3721(c)) 
                provides that the President shall eliminate the 
                existing quotas on textile and apparel articles 
                imported into the United States (a) from Kenya within 
                30 days after that country adopts an effective visa 
                system to prevent unlawful transshipment of textile and 
                apparel articles and the use of counterfeit documents 
                relating to the importation of the articles into the 
                United States, and (b) from Mauritius within 30 days 
                after that country adopts such a visa system.

                5. In order to implement the tariff treatment provided 
                under the AGOA, it is necessary to modify the 
                Harmonized Tariff Schedule of the United States (HTS), 
                thereby incorporating the substance of the relevant 
                provisions of the AGOA.

                6. Sections 501 and 502 of the 1974 Act (19 U.S.C. 2461 
                and 2462) authorize the President to designate 
                countries as beneficiary developing countries for 
                purposes of the Generalized System of Preferences 
                (GSP).

                7. 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.

                8. I have determined that it is appropriate to 
                authorize the United States Trade Representative (USTR) 
                to perform the functions specified in sections 112(c) 
                and 113(b)(1)(B) of the AGOA and to make the findings 
                identified in section 113(a) of the AGOA and to perform 
                certain functions under section 604 of the 1974 Act.

[[Page 59322]]

                9. For Sierra Leone, I have determined that it is 
                appropriate to authorize the USTR to determine the 
                effective date of its designation as a beneficiary sub-
                Saharan African country.

                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 section 301 of title 3, United 
                States Code, sections 111, 112, and 113 of the AGOA, 
                and sections 501, 502, 506A, and 604 of the 1974 Act, 
                do proclaim that:

                    (1) In order to provide for the preferential 
                treatment provided for in section 112(a) of the AGOA, 
                the HTS is modified as provided in the Annex to this 
                proclamation.
                    (2) The following countries are designated as 
                beneficiary sub-Saharan African countries pursuant to 
                section 506A(a) of the 1974 Act:
                    Republic of Benin
                    Republic of Botswana
                    Republic of Cape Verde
                    Republic of Cameroon
                    Central African Republic
                    Republic of Chad
                    Republic of Congo
                    Republic of Djibouti
                    State of Eritrea
                    Ethiopia
                    Gabonese Republic
                    Republic of Ghana
                    Republic of Guinea
                    Republic of Guinea-Bissau
                    Republic of Kenya
                    Kingdom of Lesotho
                    Republic of Madagascar
                    Republic of Malawi
                    Republic of Mali
                    Islamic Republic of Mauritania
                    Republic of Mauritius
                    Republic of Mozambique
                    Republic of Namibia
                    Republic of Niger
                    Federal Republic of Nigeria
                    Republic of Rwanda
                    Democratic Republic of Sao Tome and Principe
                    Republic of Senegal
                    Republic of Seychelles
                    Republic of Sierra Leone
                    Republic of South Africa
                    United Republic of Tanzania
                    Republic of Uganda

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                    Republic of Zambia
                    (3) For purposes of section 112(b)(3)(B) of the 
                AGOA, the following designated beneficiary sub-Saharan 
                African countries shall be considered lesser developed 
                beneficiary sub-Saharan African countries:
                    Republic of Benin
                    Republic of Cape Verde
                    Republic of Cameroon
                    Central African Republic
                    Republic of Chad
                    Republic of Congo
                    Republic of Djibouti
                    State of Eritrea
                    Ethiopia
                    Republic of Ghana
                    Republic of Guinea
                    Republic of Guinea-Bissau
                    Republic of Kenya
                    Kingdom of Lesotho
                    Republic of Madagascar
                    Republic of Malawi
                    Republic of Mali
                    Islamic Republic of Mauritania
                    Republic of Mozambique
                    Republic of Niger
                    Federal Republic of Nigeria
                    Republic of Rwanda
                    Democratic Republic of Sao Tome and Principe
                    Republic of Senegal
                    Republic of Sierra Leone
                    United Republic of Tanzania
                    Republic of Uganda
                    Republic of Zambia
                    (4) The USTR is authorized to determine whether 
                each designated beneficiary sub-Saharan African country 
                has satisfied the requirements of section 113(a) of the 
                AGOA relating to the establishment of procedures to 
                protect against unlawful transshipments and section 
                113(b)(1)(B) of the AGOA relating to the implementation 
                of procedures and requirements similar in all material 
                respects to the relevant procedures and requirements 
                under chapter 5 of the NAFTA. The determination or 
                determinations of the USTR under this paragraph shall 
                be set forth in a notice or notices that the USTR shall 
                cause to be published in the Federal Register. Such 
                notice or notices shall modify the HTS by listing the 
                countries that satisfy the requirements of sections 
                113(a) and 113(b)(1)(B) of the AGOA. To implement such 
                determination or determinations, the USTR is authorized 
                to exercise the authority provided to the President 
                under section 604 of the 1974 Act to embody 
                modifications and technical or conforming changes in 
                the HTS.
                    (5) The USTR is authorized to determine whether 
                Kenya and Mauritius have satisfied the requirements of 
                section 112(c) of the AGOA. The determination or 
                determinations of the USTR under this paragraph shall 
                be set forth

[[Page 59324]]

                in a notice or notices that the USTR shall cause to be 
                published in the Federal Register. Within 30 days after 
                any such determination by the USTR, the USTR shall 
                cause the existing quotas on textile and apparel 
                articles imported into the United States from such 
                country to be eliminated by direction to the 
                appropriate agencies or departments. To implement such 
                determination or determinations, the USTR is authorized 
                to exercise the authority provided to the President 
                under section 604 of the 1974 Act to embody 
                modifications and technical or conforming changes in 
                the HTS.
                    (6) The USTR is authorized to determine the 
                effective date of the designation of the Republic of 
                Sierra Leone as a beneficiary sub-Saharan African 
                country and, therefore, the date upon which Sierra 
                Leone will be considered a lesser developed beneficiary 
                sub-Saharan African country. The determination of the 
                USTR under this paragraph shall be set forth in a 
                notice that the USTR shall cause to be published in the 
                Federal Register. To implement such determination, the 
                USTR is authorized to exercise the authority provided 
                to the President under section 604 of the 1974 Act to 
                embody modifications and technical or conforming 
                changes in the HTS.
                    (7) Pursuant to sections 501 and 502 of the 1974 
                Act, Eritrea is designated as a beneficiary developing 
                country for purposes of the GSP.
                    (8) In order to reflect in the HTS the designation 
                of Eritrea as a beneficiary developing country under 
                the GSP, general note 4(a) to the HTS is modified by 
                inserting in alphabetical sequence ``Eritrea'' in the 
                list of independent countries.
                    (9) 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.
                    (10) This proclamation is effective on the date of 
                signature of this proclamation, except that (a) the 
                modifications to the HTS made by the Annex to this 
                proclamation, as further modified by any notice to be 
                published in the Federal Register as described in 
                paragraph 4 of this proclamation, shall be effective on 
                the date announced by the USTR in such notice, and (b) 
                the designation of the Republic of Sierra Leone as a 
                beneficiary sub-Saharan African country shall be 
                effective on the date announced by the USTR in the 
                Federal Register.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                second day of October, in the year of our Lord two 
                thousand, and of the Independence of the United States 
                of America the two hundred and twenty-fifth.

                    (Presidential Sig.)

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[FR Doc. 00-25692
Filed 10-3-00; 11:03 am]
Billing code 3190-01-C
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