[Federal Register Volume 69, Number 1 (Friday, January 2, 2004)]
[Presidential Documents]
[Pages 227-229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32327]



[[Page 225]]

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Part IV





The President





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Proclamation 7748--To Take Certain Actions Under the African Growth and 
Opportunity Act, and for Other Purposes



Executive Order 13322--Adjustments of Certain Rates of Pay



Executive Order 13323--Assignment of Functions Relating to Arrivals in 
and Departures From the United States
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                         Presidential Documents 
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  Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 227]]

                Proclamation 7748 of December 30, 2003

                
To Take Certain Actions Under the African Growth 
                and

                Opportunity Act, and for Other Purposes

                By the President of the United States of America
                                     A Proclamation

                1. Section 506A(a)(1) of the Trade Act of 1974, as 
                amended (the ``1974 Act'') (19 U.S.C. 2466a(a)(1)), as 
                added by section 111(a) of the African Growth and 
                Opportunity Act (title I of Public Law 106-200) (AGOA), 
                authorizes the President to designate a country listed 
                in section 107 of the AGOA (19 U.S.C. 3706) as a 
                ``beneficiary sub-Saharan African country'' if the 
                President determines that the country meets the 
                eligibility requirements set forth in section 104 of 
                the AGOA (19 U.S.C. 3703), as well as the eligibility 
                criteria set forth in section 502 of the 1974 Act (19 
                U.S.C. 2462).

                2. Section 104 of the AGOA authorizes the President to 
                designate a country listed in section 107 of the AGOA 
                as an ``eligible sub-Saharan African country'' if the 
                President determines that the country meets certain 
                eligibility requirements.

                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. In Proclamation 7350 of October 2, 2000, President 
                Clinton designated the State of Eritrea (Eritrea) and 
                the Central African Republic as beneficiary sub-Saharan 
                African countries pursuant to section 506A(a) of the 
                1974 Act and provided that they would be considered 
                lesser developed beneficiary sub-Saharan African 
                countries for purposes of section 112(b)(3)(B) of the 
                AGOA.

                5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 
                2466a(a)(3)) authorizes the President to terminate the 
                designation of a country as a beneficiary sub-Saharan 
                African country for purposes of section 506A if he 
                determines that the country is not making continual 
                progress in meeting the requirements described in 
                section 506A(a)(1) of the 1974 Act, effective on 
                January 1 of the year following the year in which such 
                determination is made.

                6. Pursuant to section 104 of the AGOA and section 
                506A(a)(1) of the 1974 Act, I have determined that the 
                Republic of Angola (Angola) meets the eligibility 
                requirements set forth or referenced therein, and I 
                have decided to designate Angola as an eligible sub-
                Saharan African country and as a beneficiary sub-
                Saharan African country.

                7. Angola satisfies the criterion for treatment as a 
                ``lesser developed beneficiary sub-Saharan African 
                country'' under section 112(b)(3)(B) of the AGOA.

                8. Pursuant to section 506A(a)(3) of the 1974 Act, I 
                have determined that Eritrea and the Central African 
                Republic are not making continual progress in meeting 
                the requirements described in section 506A(a)(1) of the 
                1974 Act. Accordingly, I have decided to terminate the 
                designation of Eritrea and the Central African Republic 
                as beneficiary sub-Saharan African countries for 
                purposes of section 506A of the 1974 Act, effective on 
                January 1, 2004.

                9. 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

[[Page 228]]

                affecting import treatment, and actions thereunder, 
                including the removal, modification, continuance, or 
                imposition of any rate of duty or other import 
                restriction.

                10. Section 203(e)(2)(A) of the Andean Trade Preference 
                Act, as amended (ATPA) (19 U.S.C. 3202(e)(2)(A)), 
                requires the President to publish in the Federal 
                Register notice of any action he proposes to take under 
                section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) at 
                least 30 days before taking the action. Section 
                212(e)(2)(A) of the Caribbean Basin Economic Recovery 
                Act, as amended (CBERA) (19 U.S.C. 2702(e)(2)(A)), 
                requires the President to publish in the Federal 
                Register notice of any action he proposes to take under 
                section 212(e)(1) of the CBERA (19 U.S.C. 2702(e)(1)) 
                at least 30 days before taking the action. Proclamation 
                7616 of October 31, 2002, provided for the assignment 
                of a publication function under these sections to the 
                United States Trade Representative (USTR), but did not 
                precisely specify the function assigned.

                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 of America, including sections 506A and 
                604 of the 1974 Act, section 104 of the AGOA, and 
                section 301 of title 3, United States Code, do proclaim 
                that:

                    (1) Angola is designated as an eligible sub-Saharan 
                African country and as a beneficiary sub-Saharan 
                African country.
                    (2) In order to reflect this designation in the 
                HTS, general note 16(a) to the HTS is modified by 
                inserting in alphabetical sequence in the list of 
                beneficiary sub-Saharan African countries ``Republic of 
                Angola.''
                    (3) For purposes of section 112(b)(3)(B) of the 
                AGOA, Angola is a lesser developed beneficiary sub-
                Saharan African country.
                    (4) The designation of Eritrea and the Central 
                African Republic as beneficiary sub-Saharan African 
                countries for purposes of section 506A of the 1974 Act 
                is terminated, effective on January 1, 2004.
                    (5) In order to reflect in the HTS that beginning 
                January 1, 2004, Eritrea and the Central African 
                Republic shall no longer be designated as beneficiary 
                sub-Saharan African countries, general note 16(a) to 
                the HTS is modified by deleting ``State of Eritrea'' 
                and ``Central African Republic'' from the list of 
                beneficiary sub-Saharan African countries. Further, 
                note 2(d) to subchapter XIX of chapter 98 of the HTS is 
                modified by deleting ``State of Eritrea'' and ``Central 
                African Republic'' from the list of lesser developed 
                beneficiary sub-Saharan African countries.
                    (6) The modification to the HTS made by this 
                proclamation shall be effective with respect to 
                articles entered, or withdrawn from warehouse for 
                consumption, on or after January 1, 2004.
                    (7) In order to assign to the USTR the publication 
                function set forth in section 203(e)(2)(A) of the ATPA 
                and section 212(e)(2)(A) of the CBERA, paragraph (3) of 
                Proclamation 7616 of October 31, 2002, is revised by 
                deleting the phrase ``of this proclamation'' and 
                inserting in lieu thereof the phrase ``of an action he 
                proposes to take.''
                    (8) Any provisions of previous proclamations and 
                Executive Orders that are inconsistent with this 
                proclamation are superseded to the extent of such 
                inconsistency.

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

                    (Presidential Sig.)B

[FR Doc. 03-32327
Filed 12-31-03; 11:22 am]
Billing code 3195-01-P