[Federal Register Volume 72, Number 2 (Thursday, January 4, 2007)]
[Presidential Documents]
[Pages 453-458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-00004]


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  Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2006 / 
Presidential Documents  

[[Page 453]]


                Proclamation 8097 of December 27, 2006

                
To Modify the Harmonized Tariff Schedule of the 
                United States, To Adjust Rules of Origin Under the 
                United States-Australia Free Trade Agreement and for 
                Other Purposes

                By the President of the United States of America

                A Proclamation

                1. Section 1205(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (19 
                U.S.C. 3005(a)) directs the United States International 
                Trade Commission (the ``Commission'') to keep the 
                Harmonized Tariff Schedule of the United States (HTS) 
                under continuous review and periodically to recommend 
                to the President such modifications to the HTS as the 
                Commission considers necessary or appropriate to 
                accomplish the purposes set forth in that subsection. 
                The Commission has recommended modifications to the HTS 
                pursuant to sections 1205(c) and (d) of the 1988 Act 
                (19 U.S.C. 3005(c) and (d)) to conform the HTS to 
                amendments made to the International Convention on the 
                Harmonized Commodity Description and Coding System (the 
                ``Convention'').

                2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) 
                authorizes the President to proclaim modifications to 
                the HTS based on the recommendations of the Commission 
                under section 1205 of the 1988 Act, if he determines 
                that the modifications are in conformity with United 
                States obligations under the Convention and do not run 
                counter to the national economic interest of the United 
                States. I have determined that the modifications to the 
                HTS proclaimed in this proclamation pursuant to section 
                1206(a) of the 1988 Act (19 U.S.C. 3006(a)) are in 
                conformity with United States obligations under the 
                Convention and do not run counter to the national 
                economic interest of the United States.

                3. Presidential Proclamation 6641 of December 15, 1993, 
                implemented the North American Free Trade Agreement 
                (the ``NAFTA'') with respect to the United States and, 
                pursuant to section 201 of the North American Free 
                Trade Agreement Implementation Act (the ``NAFTA 
                Implementation Act'') (19 U.S.C. 3331), the staged 
                reductions in rates of duty that the President 
                determined to be necessary or appropriate to carry out 
                articles 302, 305, 307, 308, and 703 and Annexes 302.2, 
                307.1, 308.1, 308.2, 300-B, 703.2, and 703.3 of the 
                NAFTA. In order to ensure the continuation of such 
                staged reductions in rates of duty for originating 
                goods of Mexico under tariff categories that are being 
                modified to reflect the amendments to the Convention, I 
                have determined that additional modifications to the 
                HTS are necessary or appropriate to carry out the duty 
                reductions previously proclaimed.

                4. Presidential Proclamation 6763 of December 23, 1994, 
                implemented with respect to the United States the trade 
                agreements resulting from the Uruguay Round of 
                multilateral trade negotiations, including Schedule XX-
                United States of America, annexed to the Marrakesh 
                Protocol to the General Agreement on Tariffs and Trade 
                1994 (Schedule XX), that were entered into pursuant to 
                sections 1102(a) and (e) of the 1988 Act (19 U.S.C. 
                2902(a) and (e)) and approved in section 101(a) of the 
                Uruguay Round Agreements Act (URAA) (19 U.S.C. 
                3511(a)).

[[Page 454]]

                5. Pursuant to the authority provided in section 111 of 
                the URAA (19 U.S.C. 3521) and sections 1102(a) and (e) 
                of the 1988 Act, Proclamation 6763 included the staged 
                reductions in rates of duty that the President 
                determined to be necessary or appropriate to carry out 
                the provisions of Schedule XX. In order to ensure the 
                continuation of such rates of duty for imported goods 
                under tariff categories that are being modified to 
                reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed, including certain 
                technical or conforming changes within the tariff 
                schedule.

                6. Presidential Proclamation 7351 of October 2, 2000, 
                implemented section 211 of the United States-Caribbean 
                Basin Trade Partnership Act (CBTPA) (title II of Public 
                Law 106-200, 114 Stat. 286) in order to provide certain 
                preferential tariff treatment to eligible articles that 
                are the product of any country that the President 
                designates as a ``CBTPA beneficiary country'' and that 
                the President determines to have satisfied the 
                requirements of section 213(b)(4)(A)(ii) of the 
                Caribbean Basin Economic Recovery Act (CBERA) (19 
                U.S.C. 2703(b)(4)(A)(ii)). Section 213(b)(3) of the 
                CBERA (19 U.S.C. 2703(b)(3)) provides that the tariff 
                treatment accorded at any time under the CBTPA to any 
                article referred to in section 213(b)(1)(B) through (F) 
                of the CBERA (19 U.S.C. 2703(b)(1)(B) through (F)) that 
                is a CBTPA originating good shall be identical to the 
                tariff treatment that is accorded at such time under 
                Annex 302.2 of the NAFTA to an article described in the 
                same 8-digit subheading of the HTS that is a good of 
                Mexico and is imported into the United States.

                7. Pursuant to section 213(b) of the CBERA, 
                Proclamation 7351 included the staged reductions in 
                rates of duty that the President determined to be 
                necessary or appropriate to provide such identical 
                tariff treatment to CBTPA originating goods. In order 
                to ensure the continuation of the rates of duty for 
                imported goods under tariff categories that are being 
                modified to reflect the amendments to the Convention, I 
                have determined that additional modifications to the 
                HTS are necessary or appropriate to carry out the duty 
                reductions previously proclaimed.

                8. Presidential Proclamation 7512 of December 7, 2001, 
                implemented the Agreement Between the United States of 
                America and the Hashemite Kingdom of Jordan on the 
                Establishment of a Free Trade Area (JFTA), with respect 
                to the United States and, pursuant to section 101 of 
                the United States-Jordan Free Trade Area Implementation 
                Act (the ``JFTA Act'') (19 U.S.C. 2112 note), the 
                staged reductions in rates of duty that I determined to 
                be necessary or appropriate to carry out the 
                concessions set forth in Annex 2.1 to the JFTA. In 
                order to ensure the continuation of such staged 
                reductions in rates of duty for originating goods under 
                tariff categories that are being modified to reflect 
                the amendments to the Convention, I have determined 
                that additional modifications to the HTS are necessary 
                or appropriate to carry out the duty reductions 
                previously proclaimed.

                9. Presidential Proclamation 7747 of December 30, 2003, 
                implemented the United States-Singapore Free Trade 
                Agreement (USSFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Singapore Free Trade Agreement Implementation Act (the 
                ``USSFTA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in rates of duty that I determined to be 
                necessary or appropriate to carry out or apply articles 
                2.2, 2.5, 2.6, and 2.12 of the USSFTA and the schedule 
                of reductions with respect to the Republic of Singapore 
                set forth in Annex 2B of the USSFTA. In order to ensure 
                the continuation of such staged reductions in rates of 
                duty for originating goods under tariff categories that 
                are being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                10. Presidential Proclamation 7746 of December 30, 
                2003, implemented the United States-Chile Free Trade 
                Agreement (USCFTA) with respect to the

[[Page 455]]

                United States and, pursuant to section 201 of the 
                United States-Chile Free Trade Agreement Implementation 
                Act (the ``CFTA Act'') (19 U.S.C. 3805 note), the 
                staged reductions in rates of duty that I determined to 
                be necessary or appropriate to carry out or apply 
                articles 3.3 (including the schedule of United States 
                duty reductions with respect to originating goods set 
                forth in Annex 3.3 to the USCFTA), 3.7, 3.9, and 
                3.20(8), (9), (10), and (11) of the USCFTA. In order to 
                ensure the continuation of such staged reductions in 
                rates of duty for originating goods under tariff 
                categories that are being modified to reflect the 
                amendments to the Convention, I have determined that 
                additional modifications to the HTS are necessary or 
                appropriate to carry out the duty reductions previously 
                proclaimed.

                11. Presidential Proclamation 7857 of December 20, 
                2004, implemented the United States-Australia Free 
                Trade Agreement (USAFTA) with respect to the United 
                States and, pursuant to section 201 of the United 
                States-Australia Free Trade Agreement Implementation 
                Act (the ``USAFTA Act'') (19 U.S.C. 3805 note), the 
                staged reductions in rates of duty that I determined to 
                be necessary or appropriate to carry out or apply 
                articles 2.3, 2.5, and 2.6 of the USAFTA and the 
                schedule of reductions with respect to Australia set 
                forth in Annex 2B of the USAFTA.

                12. Because the substance of the changes to the 
                Convention will be reflected in slightly differing form 
                in the national tariff schedules of the parties to the 
                USAFTA, the rules of origin set out in Annexes 4A and 
                5A of that Agreement must be changed to ensure that the 
                tariff and certain other treatment accorded under the 
                USAFTA to originating goods will continue to be 
                provided under the tariff categories that are being 
                modified to reflect the amendments to the Convention. 
                The USAFTA parties have agreed to make these changes.

                13. Section 203 of the USAFTA Act provides certain 
                rules for determining whether a good is an originating 
                good for the purposes of implementing tariff treatment 
                under the USAFTA. Section 203(o) of the USAFTA Act 
                authorizes the President to proclaim the rules of 
                origin set out in the USAFTA and any subordinate tariff 
                categories necessary to carry out the USAFTA.

                14. I have determined that the modifications to the HTS 
                proclaimed in this proclamation pursuant to sections 
                201 and 203 of the USAFTA Act are necessary or 
                appropriate to ensure that the tariff and certain other 
                treatment accorded under the USAFTA will continue to be 
                given to originating goods under tariff categories that 
                are being modified to reflect the amendments to the 
                Convention and to carry out the duty reductions 
                previously proclaimed.

                15. Presidential Proclamation 7971 of December 22, 
                2005, implemented the United States-Morocco Free Trade 
                Agreement (USMFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Morocco Free Trade Agreement Implementation Act (the 
                ``USMFTA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in rates of duty that I determined to be 
                necessary or appropriate to carry out or apply articles 
                2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 
                4.3.14, and 4.3.15 of the USMFTA and the schedule of 
                reductions with respect to Morocco set forth in Annex 
                IV of the USMFTA. In order to ensure the continuation 
                of such staged reductions in rates of duty for 
                originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                16. Presidential Proclamations 7987 of February 28, 
                2006, 7991 of March 24, 2006, 7996 of March 31, 2006, 
                and 8034 of June 30, 2006, implemented the Dominican 
                Republic-Central America-United States Free Trade 
                Agreement (CAFTA-DR Agreement) with respect to the 
                United States and, pursuant to section 201 of the 
                Dominican Republic-Central America-United States 
                Implementation Act (the ``CAFTA-DR Act'') (19 U.S.C. 
                4031), the staged reductions in rates of duty that I 
                determined to be necessary or appropriate to carry out 
                or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and 
                3.28, and

[[Page 456]]

                Annexes 3.3 (including the schedule of the United 
                States duty reductions with respect to originating 
                goods), 3.27, and 3.28. In order to ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                17. Presidential Proclamation 8039 of July 27, 2006, 
                implemented the United States-Bahrain Free Trade 
                Agreement (USBFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Bahrain Free Trade Agreement Implementation Act (the 
                ``USBFTA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in rates of duty that I determined to be 
                necessary or appropriate to carry out or apply articles 
                2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and the schedule of 
                reductions with respect to Bahrain set forth in Annex 
                2-B of the USBFTA. In order to ensure the continuation 
                of such staged reductions in rates of duty for 
                originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                18. Section 604 of the Trade Act of 1974, as amended 
                (the ``Trade Act'') (19 U.S.C. 2483), authorizes the 
                President to embody in the HTS the substance of the 
                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. Section 
                1206(c) of the 1988 Act, as amended (19 U.S.C. 
                3006(c)), provides that any modifications proclaimed by 
                the President under section 1206(a) of that Act may not 
                take effect before the thirtieth day after the date on 
                which the text of the proclamation is published in the 
                Federal Register.

                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 
                sections 1102 and 1206 of the 1988 Act, section 214 of 
                the CBERA, section 201 of the NAFTA Implementation Act, 
                section 111 of the URAA, section 101 of the JFTA Act, 
                section 201 of the USSFTA Act, section 201 of the 
                USCFTA Act, sections 201 and 203 of the USAFTA Act, 
                section 201 of the USMFTA Act, section 201 of the 
                CAFTA-DR Act, section 201 of the USBFTA Act, and 
                section 604 of the Trade Act do proclaim that:

                (1) In order to modify the HTS to conform it to the 
                Convention or any amendment thereto recommended for 
                adoption, to promote the uniform application of the 
                Convention, to establish additional subordinate tariff 
                categories, and to make technical and conforming 
                changes to existing provisions, the HTS is modified as 
                set forth in Annex I of Publication 3898 of the United 
                States International Trade Commission, entitled, 
                ``Modifications to the Harmonized Tariff Schedule of 
                the United States Under Section 1206 of the Omnibus 
                Trade and Competitiveness Act of 1988,'' which is 
                incorporated by reference into this proclamation.

                (2) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Mexico under the NAFTA that are classifiable in the 
                provisions modified by Annex I of Publication 3898 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section F of 
                Annex II of Publication 3898, the rate of duty in the 
                HTS set forth in the Rates of Duty 1-Special subcolumn 
                for each of the HTS subheadings enumerated in section F 
                of Annex II shall be deleted and the rate of duty 
                provided in such section inserted in lieu thereof.

                (3) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for goods under the 
                terms of general note 17 to the HTS that are 
                classifiable in the provisions modified by Annex I of 
                Publication 3898 and entered, or withdrawn from 
                warehouse for consumption, on or after each of the 
                dates specified in section

[[Page 457]]

                H of Annex II of Publication 3898, the rate of duty in 
                the HTS set forth in the Rates of Duty 1-Special 
                subcolumn for each of the HTS subheadings enumerated in 
                section H of Annex II shall be deleted and the rate of 
                duty provided in such section inserted in lieu thereof.

                (4) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Jordan under the JFTA that are classifiable in the 
                provisions modified by Annex I of Publication 3898 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section D of 
                Annex II of Publication 3898, the rate of duty in the 
                HTS set forth in the Rates of Duty 1-Special subcolumn 
                for each of the HTS subheadings enumerated in section D 
                of Annex II shall be deleted and the rate of duty 
                provided in such section inserted in lieu thereof.

                (5) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Singapore under USSFTA that are classifiable in the 
                provisions modified by Annex I of Publication 3898 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in sections J 
                of Annex II of Publication 3898, the rate of duty in 
                the HTS set forth in the Rates of Duty 1-Special 
                subcolumn for each of the HTS subheadings enumerated in 
                section J of Annex II shall be deleted and the rate of 
                duty provided in such section inserted in lieu thereof.

                (6) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Chile under USCFTA that are classifiable in the 
                provisions modified by Annex I of Publication 3898 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in sections C, 
                K, and L of Annex II of Publication 3898, the rate of 
                duty in the HTS set forth in the Rates of Duty 1-
                Special subcolumn for each of the HTS subheadings 
                enumerated in sections C, K, and L of Annex II shall be 
                deleted and the rate of duty provided in such section 
                inserted in lieu thereof.

                (7) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Australia under USAFTA that are classifiable in the 
                provisions modified by Annex I of Publication 3898 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section A of 
                Annex II of Publication 3898, the rate of duty in the 
                HTS set forth in the Rates of Duty 1-Special subcolumn 
                for each of the HTS subheadings enumerated in section A 
                of Annex II shall be deleted and the rate of duty 
                provided in such section inserted in lieu thereof.

                (8) In order to modify the rules of origin under the 
                USAFTA to reflect the modifications to the HTS being 
                made to conform it to the Convention and to make 
                certain conforming changes, general note 28 to the HTS 
                is further modified as provided in Annex III to 
                Publication 3898.

                (9) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Morocco under USMFTA that are classifiable in the 
                provisions modified by Annex I of Publication 3898 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section E of 
                Annex II of Publication 3898, the rate of duty in the 
                HTS set forth in the Rates of Duty 1-Special subcolumn 
                for each of the HTS subheadings enumerated in section E 
                of Annex II shall be deleted and the rate of duty 
                provided in such section inserted in lieu thereof.

                (10) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                under general note 29 to the HTS that are classifiable 
                in the provisions modified by Annex I of Publication 
                3898 and entered, or withdrawn from warehouse for 
                consumption, on or after each of the dates specified in 
                section G of Annex II of Publication 3898, the rate of 
                duty in the HTS set forth

[[Page 458]]

                in the Rates of Duty 1-Special subcolumn for each of 
                the HTS subheadings enumerated in section G of Annex II 
                shall be deleted and the rate of duty provided in such 
                section inserted in lieu thereof.

                (11) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Bahrain under USBFTA that are classifiable in the 
                provisions modified by Annex I of Publication 3898 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section B of 
                Annex II of Publication 3898, the rate of duty in the 
                HTS set forth in the Rates of Duty 1-Special subcolumn 
                for each of the HTS subheadings enumerated in section B 
                of Annex II shall be deleted and the rate of duty 
                provided in such section inserted in lieu thereof.

                (12) 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.

                (13)(a) The modifications and technical rectifications 
                to the HTS set forth in Annexes I and III to 
                Publication 3898 shall be effective with respect to 
                goods entered, or withdrawn from warehouse for 
                consumption, on or after the later of (i) February 1, 
                2007, or (ii) the thirtieth day after the date of 
                publication of this proclamation in the Federal 
                Register.

                (b) The modifications to the HTS set forth in Annex II 
                to Publication 3898 shall be effective with respect to 
                goods entered, or withdrawn from warehouse for 
                consumption, on or after the respective dates specified 
                in each section of such Annex for the goods described 
                therein.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-ninth day of December, in the year of our Lord 
                two thousand six, and of the Independence of the United 
                States of America the two hundred and thirty-first. 
                
                
                    (Presidential Sig.)

[FR Doc. 07-00004
Filed 1-3-07; 11:03 am]
Billing code 3195-01-P