[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Rules and Regulations]
[Page 67260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28773]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 10

[T.D. 00-67]
RIN 1515-AC72


African Growth and Opportunity Act and Generalized System of 
Preferences

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Interim regulations; corrections.

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SUMMARY: This document makes corrections to the document published in 
the Federal Register on October 5, 2000, as T.D. 00-67 which set forth 
interim amendments to the Customs Regulations primarily to implement 
the trade benefit provisions for sub-Saharan Africa contained in Title 
I of the Trade and Development Act of 2000, referred to as the African 
Growth and Opportunity Act.

DATES: These corrections are effective October 1, 2000; written 
comments must be submitted by December 4, 2000, in the manner 
prescribed in T.D. 00-67.

FOR FURTHER INFORMATION CONTACT: Cynthia Reese, Office of Regulations 
and Rulings (202-927-1361).

SUPPLEMENTARY INFORMATION:

Background

    On October 5, 2000, Customs published in the Federal Register (65 
FR 59668) T.D. 00-67 to set forth interim amendments to the Customs 
Regulations primarily to implement the trade benefit provisions for 
sub-Saharan Africa contained in Title I of the Trade and Development 
Act of 2000. The trade benefits under Title I, also referred to as the 
African Growth and Opportunity Act (the AGOA), apply to sub-Saharan 
African countries designated by the President and involve: the 
extension of duty-free treatment under the Generalized System of 
Preferences (GSP) to non-textile articles normally excluded from GSP 
duty-free treatment that are not import-sensitive; and the entry of 
specific textile and apparel articles free of duty and free of any 
quantitative limits. Those interim regulatory amendments took effect on 
October 1, 2000, to coincide with the effective date of the relevant 
statutory provisions.
    This document makes the following corrections to the regulatory 
texts published in T.D. 00-67:
    1. The definition of ``assembled in one or more beneficiary 
countries'' under Sec. 10.212 includes a parenthetical specification of 
items (that is, thread, decorative embellishments, buttons, zippers, or 
similar components) that are not considered to be components for 
purposes of assembly under the text. However, Customs has reconsidered 
this matter and now believes that inclusion of this parenthetical 
limiting language, which is not mandated by the statute, was in error 
because in some contexts it may be inconsistent with applicable 
judicial precedent as regards what may be considered a component for 
assembly purposes. Accordingly, this parenthetical reference should be 
removed from the text of the definition.
    2. The definition of ``beneficiary country'' under Sec. 10.212 
refers to a finding ``by the President'' that the country has satisfied 
the requirements of section 113 of the AGOA. However, that text does 
not reflect the fact that in Presidential Proclamation 7350 of October 
2, 2000 (published in the Federal Register at 65 FR 59321 on October 4, 
2000), which implemented the AGOA, the authority to make the finding 
regarding the requirements of section 113 was delegated to the United 
States Trade Representative. To ensure consistency with this 
delegation, the text of the definition should include a reference to a 
``designee'' of the President.
    3. Within Sec. 10.213, paragraph (a)(9) requires some wording 
changes to conform more closely to the terms of corresponding 
subheading 9819.11.24 which was added to the HTSUS by the Annex to 
Presidential Proclamation 7350.
    4. Finally, within Sec. 10.213, in paragraph (a)(10), the words 
``or his designee'' should be added after ``the President'' to cover 
any future delegation of authority by the President in this context.

Corrections of Publication

    Accordingly, the document published in the Federal Register as T.D. 
00-67 on October 5, 2000 (65 FR 59668) is corrected as set forth below.


Sec. 10.212  [Corrected]

    1. On page 59676, in the third column, in Sec. 10.212, the 
definition of ``assembled in one or more beneficiary countries'' is 
corrected by removing the parenthetical phrase ``(other than thread, 
decorative embellishments, buttons, zippers, or similar components)''.


    2. On page 59676, in the third column, in Sec. 10.212, the 
definition of ``beneficiary country'' is corrected by adding the words 
``or his designee'' after the words ``finding by the President''.


Sec. 10.213  [Corrected]

    3. On page 59677, in the third column, in Sec. 10.213, paragraph 
(a)(9) is corrected to read:
* * * * *
    (a) * * *
    (9) Apparel articles that are both cut (or knit-to-shape) and sewn 
or otherwise assembled in one or more beneficiary countries from 
fabrics or yarn that the President or his designee has designated in 
the Federal Register as not available in commercial quantities in the 
United States;
* * * * *

    4. On page 59677, in the third column, in Sec. 10.213, the text of 
paragraph (a)(10) is corrected by adding the words ``or his designee'' 
after the words ``the President''.

    Dated: November 3, 2000.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 00-28773 Filed 11-6-00; 4:01 pm]
BILLING CODE 4820-02-P