[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Presidential Documents]
[Pages 40299-40304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15262]



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Part XI





The President





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Proclamation 7800--To Modify Duty-Free Treatment Under the Generalized 
System of Preferences
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                         Presidential Documents 
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  Federal Register / Vol. 69, No. 126 / Thursday, July 1, 2004 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 40299]]

                Proclamation 7800 of June 30, 2004

                
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 section 503(c)(1) of title V of the 
                Trade Act of 1974, as amended (the ``1974 Act'') (19 
                U.S.C. 2463(c)(1)), the President may withdraw, 
                suspend, or limit 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 section 503(c)(2)(A) of the 1974 Act (19 
                U.S.C. 2463(c)(2)(A)), beneficiary developing 
                countries, except those designated as least-developed 
                beneficiary developing countries or beneficiary sub-
                Saharan African countries pursuant to section 
                503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), 
                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. Pursuant to section 503(d) of the 1974 Act (19 
                U.S.C. 2463(d)), the President may waive the 
                application of the competitive need limitations in 
                section 503(c)(2)(A) with respect to any eligible 
                article from any beneficiary developing country if 
                certain conditions are met.

                6. Pursuant to section 503(c)(1) of the 1974 Act, and 
                having considered the factors set forth in sections 501 
                and 502(c) (19 U.S.C. 2461 and 2462(c)), I have 
                determined that it is appropriate to withdraw the 
                designation of certain articles as eligible articles 
                under the GSP when imported from any beneficiary 
                developing country. In order to do so for two of the 
                articles, it is necessary to subdivide and amend the 
                nomenclature of existing subheadings of the HTS.

                7. Pursuant to section 503(c)(1) of the 1974 Act, and 
                having considered the factors set forth in sections 501 
                and 502(c), I have determined to limit the application 
                of duty-free treatment accorded to a certain article 
                from a certain beneficiary developing country.

                8. Pursuant to section 503(c)(1) and 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

[[Page 40300]]

                that were imported in quantities exceeding the 
                applicable competitive need limitation in 2003.

                9. 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).

                10. 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 from 
                certain beneficiary developing countries.

                11. 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 certain beneficiary 
                developing countries. 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 waiver, 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.

                12. Section 604 of the 1974 Act, as amended (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.

                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 but not limited to 
                title V and section 604 of the 1974 Act (19 U.S.C. 
                2461-7, 2483), do proclaim that:

                    (1) 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 
                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 no longer be treated as a beneficiary 
                developing country 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 of Annex I 
                to this proclamation.
                    (2) In order to withdraw the designation of certain 
                articles as eligible articles for purposes of the GSP, 
                the HTS is modified by amending and subdividing the 
                nomenclature of certain existing HTS subheadings as 
                provided in section B of Annex I 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 such HTS subheadings is modified 
                as provided for in section C(1) of Annex I to this 
                proclamation.

   (b) In order to provide that one or more countries not be treated as a 
beneficiary developing country with respect to certain eligible articles 
for purposes of the GSP, the Rates of Duty 1-Special subcolumn for such HTS 
subheadings is modified as provided for in section C(2) of Annex I to this 
proclamation.

   (c) In order to withdraw preferential tariff treatment under the GSP for 
a certain article imported from any beneficiary developing country, the 
Rates of Duty 1-Special subcolumn for such HTS subheading is modified as 
provided for in section C(3) of Annex I to this proclamation.

                    (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 Annex II to 
                this proclamation.

[[Page 40301]]

                    (5) A waiver of the application of section 
                503(c)(2)(A) of the 1974 Act shall apply to the 
                eligible article in the HTS subheading and to the 
                beneficiary developing country listed in Annex III to 
                this proclamation.
                    (6) Any provisions of previous proclamations or 
                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, 2004.

  (b) The actions taken in Annex II to this proclamation shall be effective 
on July 1, 2004.

  (c) The action taken in Annex III to this proclamation shall be effective 
on the date of this proclamation.

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

                    (Presidential Sig.)B

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                [FR Doc. 04-15262 Filed 6-30-04; 3:07 pm]

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