[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Presidential Documents]
[Pages 54739-54748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20551]


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  Federal Register / Vol. 69, No. 174 / Thursday, September 9, 2004 / 
Presidential Documents  

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                Proclamation 7808 of September 7, 2004

                
To Modify the Generalized System of Preferences, 
                and For Other Purposes

                By the President of the United States of America

                A Proclamation

                1. Pursuant to sections 501 and 502(a)(1) of Title V of 
                the Trade Act of 1974, as amended (the ``1974 Act'') 
                (19 U.S.C. 2461, 2462(a)(1)), the President is 
                authorized to designate countries as beneficiary 
                developing countries for purposes of the Generalized 
                System of Preferences (GSP).

                2. 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) (19 U.S.C. 2463(c)(2)(A)) with 
                respect to any eligible article from any beneficiary 
                developing country if certain conditions are met.

                3. Pursuant to section 503(d)(5) of the 1974 Act (19 
                U.S.C. 2463(d)(5)), any waiver granted under section 
                503(d) shall remain in effect until the President 
                determines that such waiver is no longer warranted due 
                to changed circumstances.

                4. Section 7(a) of the AGOA Acceleration Act of 2004 
                (Public Law 108-274) (``AGOA Acceleration Act'') 
                amended section 506A of the GSP (19 U.S.C. 2466a) to 
                provide certain benefits to any country designated as a 
                beneficiary sub-Saharan African country under section 
                506A(a) of the GSP that becomes a party to a free trade 
                agreement with the United States, and amended section 
                506B of the GSP (19 U.S.C. 2466b) to extend the period 
                during which preferential treatment may be accorded to 
                such countries.

                5. Section 7(b) through (f) of the AGOA Acceleration 
                Act amended section 112 of the African Growth and 
                Opportunity Act (Title I of the Trade and Development 
                Act of 2000, Public Law 106-200) (AGOA) (19 U.S.C. 
                3721) to modify the type and quantity of textile and 
                apparel articles eligible for the preferential 
                treatment now accorded to designated beneficiary sub-
                Saharan African countries, and to provide certain 
                benefits to any such country that becomes a party to a 
                free trade agreement with the United States.

                6. On December 17, 1992, the Governments of Canada, 
                Mexico, and the United States entered into the North 
                American Free Trade Agreement (NAFTA). The Congress 
                approved the NAFTA in section 101(a) of the North 
                American Free Trade Agreement Implementation Act (the 
                ``NAFTA Implementation Act'') (19 U.S.C. 3311(a)), and 
                the President implemented the tariff provisions of the 
                NAFTA with respect to the United States in Proclamation 
                6641 of December 15, 1993.

                7. Section 201(a) of the NAFTA Implementation Act (19 
                U.S.C. 3331(a)) authorizes the President to proclaim 
                such duty modifications as the President may determine 
                to be necessary or appropriate to carry out or apply, 
                among other provisions, Article 308 and Annex 308.1 of 
                the NAFTA.

                8. NAFTA Article 308 and Annex 308.1 provide for each 
                NAFTA Party to eliminate or reduce normal trade 
                relations (most-favored-nation) rates of duty on 
                certain automatic data processing machinery and parts, 
                and

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                set the terms under which such goods shall be 
                considered originating goods under the NAFTA when 
                imported from the territory of a NAFTA Party.

                9. Pursuant to sections 501 and 502(a)(1) of the 1974 
                Act, and having due regard for the factors set forth in 
                section 501 of the 1974 Act and taking into account the 
                factors set forth in section 502(c) of the 1974 Act (19 
                U.S.C. 2462(c)), I have decided to designate Iraq as a 
                beneficiary developing country for purposes of the GSP.

                10. Pursuant to section 503(d)(5) of the 1974 Act, I 
                have determined that a previously granted waiver of the 
                competitive need limitations of section 503(c)(2)(A) is 
                no longer warranted due to changed circumstances.

                11. In order to implement the tariff treatment provided 
                under section 7 of the AGOA Acceleration Act, it is 
                necessary to modify the Harmonized Tariff Schedule of 
                the United States (HTS).

                12. I have determined that each NAFTA Party has 
                eliminated or reduced its normal trade relations (most-
                favored-nation) rates of duty applicable to the goods 
                enumerated in Table 308.1.1 of NAFTA Annex 308.1 to the 
                levels prescribed in that Table. Annex 308.1 provides 
                for those goods to be originating goods under the NAFTA 
                when imported from Canada or Mexico.

                13. Pursuant to section 201(a) of the NAFTA 
                Implementation Act, I have determined that the 
                modifications to the HTS hereinafter proclaimed 
                concerning goods considered to be originating when 
                imported from the territory of a NAFTA Party are 
                necessary and appropriate to carry out or apply Article 
                308 and Annex 308.1 of the NAFTA.

                14. 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 Trade Act, section 
                112 of the AGOA, and section 201(a) of the NAFTA 
                Implementation Act, do proclaim that:

                    (1) Iraq is designated as a beneficiary developing 
                country for purposes of the GSP, effective 15 days 
                after the date of this proclamation.
                    (2) In order to reflect this designation in the 
                HTS, general note 4(a) to the HTS is modified by adding 
                ``Iraq'' to the list entitled ``Independent 
                Countries'', effective with respect to articles 
                entered, or withdrawn from warehouse for consumption, 
                on or after 15 days after the date of this 
                proclamation.
                    (3) In order to provide that a country no longer be 
                treated as a beneficiary developing country with 
                respect to an eligible article for purposes of the GSP, 
                general note 4(d) to the HTS is modified as provided in 
                section 1 of Annex I.
                    (4) In order to withdraw preferential tariff 
                treatment under the GSP for a certain article imported 
                from a certain beneficiary developing country, the 
                Rates of Duty 1-Special subcolumn for such HTS 
                subheading is modified as provided for in section 2 of 
                Annex I to this proclamation.
                    (5) The waiver of the application of section 
                503(c)(2)(A) of the 1974 Act to the article in the HTS 
                subheading and to the beneficiary developing country 
                listed in section 3 of Annex I to this proclamation is 
                revoked.
                    (6) In order to provide for the preferential 
                treatment provided for in section 506A and 506B of the 
                GSP, as amended by section 7(a) of the AGOA 
                Acceleration Act, and section 112 of the AGOA, as 
                amended by

[[Page 54741]]

                sections 7(b) through (f) of the AGOA Acceleration Act, 
                the HTS is modified as provided in Annex II to this 
                proclamation.
                    (7) In order to implement Article 308 and Annex 
                308.1 of the NAFTA for certain automatic data 
                processing machinery and parts imported from Canada and 
                Mexico, the HTS is modified as provided in Annex III to 
                this proclamation.
                    (8) Any provisions of previous proclamations and 
                Executive Orders that are inconsistent with this 
                proclamation are superseded to the extent of such 
                inconsistency.
                    (9) The modifications made by and action taken in 
                Annex I to this proclamation shall be effective with 
                respect to eligible articles entered, or withdrawn from 
                warehouse for consumption, on or after 60 days after 
                the date of this proclamation.
                    (10) The modifications made by Annex II shall be 
                effective with respect to eligible articles entered, or 
                withdrawn from warehouse for consumption, on or after 
                July 13, 2004, except that the modifications made by 
                section 4(A) relating to increases in the quantity of 
                certain articles eligible for duty-free treatment shall 
                be effective with respect to articles entered, or 
                withdrawn from warehouse for consumption, on or after 
                the dates provided in that section.
                    (11) The modifications made by Annex III shall be 
                effective with respect to goods entered, or withdrawn 
                from warehouse for consumption, on or after January 1, 
                2003.

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

                    (Presidential Sig.)B

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[FR Doc. 04-20551
Filed 9-8-04; 8:45 am]
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