[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Presidential Documents]
[Pages 35365-35370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16951]


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  Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 35365]]

                Proclamation 7454 of June 29, 2001

                
To Modify Duty-Free Treatment Under the 
                Generalized

                System of Preferences
                By the President of the United States of America

                A Proclamation

                1. Sections 501 and 502 of the Trade Act of 1974, as 
                amended (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).

                2. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(A)) provides that beneficiary developing 
                countries, except least-developed beneficiary 
                developing countries or beneficiary sub-Saharan African 
                countries, are subject to competitive need limitations 
                on the preferential treatment afforded under the GSP to 
                eligible articles.

                3. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(C)) provides that 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 limitations in 
                section 503(c)(2)(A) during the preceding calendar 
                year.

                4. Section 503(c)(2)(F) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)) provides that the President may 
                disregard the competitive need limitation provided in 
                section 503(c)(2)(A)(i)(II) (19 U.S.C. 
                2463(c)(2)(A)(i)(II)) with respect to any eligible 
                article from any beneficiary developing country if the 
                aggregate appraised value of the imports of such 
                article into the United States during the preceding 
                calendar year does not exceed an amount set forth in 
                section 503(c)(2)(F)(ii) (19 U.S.C. 2463(c)(2)(F)(ii)).

                5. Section 503(d) of the 1974 Act (19 U.S.C. 2463(d)) 
                provides that the President may waive the application 
                of the competitive need limitations in section 
                503(c)(2)(A) with respect to any eligible article of 
                any beneficiary developing country if certain 
                conditions are met.

                6. 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 Georgia as a beneficiary developing 
                country for purposes of the GSP.

                7. Pursuant to section 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.

                8. 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 previously 
                had been imported in quantities exceeding the 
                competitive need limitations of section 503(c)(2)(A). 
                For certain articles, I have decided that the effective 
                date of the redesignation shall be determined by the 
                United States Trade Representative (USTR).

                9. 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

[[Page 35366]]

                be waived with respect to certain eligible articles 
                from certain beneficiary developing countries. For 
                certain articles, I have decided that the effective 
                date of the waiver shall be determined by the USTR.

                10. Pursuant to section 503(d) of the 1974 Act, I have 
                determined that the competitive need limitations of 
                section 503(c)(2)(A) should be waived 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 on the 
                considerations described in sections 501 and 502(c), 
                that such waivers are in the national economic interest 
                of the United States. I have decided that the effective 
                date of the waivers shall be determined by the USTR.

                11. Section 604 of the 1974 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 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, GEORGE W. BUSH, 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, and title V and section 604 of the 1974 
                Act, do proclaim that:

                    (1) In order to reflect in the HTS the addition of 
                Georgia as a beneficiary developing country under the 
                GSP, general note 4(a) to the HTS is modified as 
                provided in section A(1) of Annex I to this 
                proclamation.
                    (2) In order to provide 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 in order to provide that one 
                or more countries should no longer be treated as 
                beneficiary developing countries with respect to one or 
                more eligible articles for purposes of the GSP, general 
                note 4(d) to the HTS is modified as provided in section 
                A(2) of Annex I and paragraph (1) of Annex III to this 
                proclamation.
                    (3) (a) In order to provide preferential tariff 
                treatment under the GSP to a beneficiary developing 
                country that has been excluded from the benefits of the 
                GSP for certain eligible articles, the Rates of Duty 1-
                Special subcolumn for each of the HTS subheadings 
                enumerated in section A(3)(a) of Annex I and paragraph 
                (2) of Annex III to this proclamation is modified as 
                provided in such section and paragraph.

  (b) In order to provide that one or more countries should not be treated 
as beneficiary developing countries with respect to certain eligible 
articles for purposes of the GSP, the Rates of Duty 1-Special subcolumn for 
each of the HTS subheadings enumerated in section A(3)(b) of Annex I to 
this proclamation is modified as provided in such section.

                    (4) A waiver of the application of section 
                503(c)(2)(A)(i)(II) of the 1974 Act shall apply to the 
                eligible articles in the HTS subheadings and to the 
                beneficiary developing countries listed in section B of 
                Annex I 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 country set forth in Annex II to 
                this proclamation.
                    (6) 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.
                    (7) (a) The modifications made by Annex I to this 
                proclamation shall be effective with respect to 
                articles entered, or withdrawn from warehouse for 
                consumption, on or after July 1, 2001.

[[Page 35367]]

  (b) The action taken in paragraph (5) of this proclamation shall be 
effective on the date of signature of this proclamation.

                 (c) The modifications made by Annex III to this 
                proclamation shall be effective with respect to 
                articles entered, or withdrawn from warehouse for 
                consumption, on or after a date to be announced in the 
                Federal Register by the USTR.

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

                    (Presidential Sig.)B

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[FR Doc. 01-16951
Filed 7-3-01; 8:45 am]

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