[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Presidential Documents]
[Pages 10025-10028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1068]



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Part V





The President





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Proclamation 8111--To Implement the Dominican Republic-Central America-
United States Free Trade Agreement With Respect to the Dominican 
Republic and for Other Purposes
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                         Presidential Documents 
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  Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 8111 of February 28, 2007

                
To Implement the Dominican Republic-Central 
                America-United States Free Trade Agreement With Respect 
                to the Dominican Republic and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. On August 5, 2004, the United States entered into 
                the Dominican Republic-Central America-United States 
                Free Trade Agreement (the ``Agreement'') with Costa 
                Rica, the Dominican Republic, El Salvador, Guatemala, 
                Honduras, and Nicaragua (the ``Agreement countries''). 
                The Agreement was approved by the Congress in section 
                101(a) of the Dominican Republic-Central America-United 
                States Free Trade Agreement Implementation Act (the 
                ``Act'') (Public Law 109-53, 119 Stat. 462) (19 U.S.C. 
                4011 note).

                2. Section 201 of the Act authorizes the President to 
                proclaim such modifications or continuation of any 
                duty, such continuation of duty-free or excise 
                treatment, or such additional duties, as the President 
                determines to be necessary or appropriate to carry out 
                or apply Article 3.3 and Annex 3.3 (including the 
                schedule of United States duty reductions with respect 
                to originating goods) of the Agreement.

                3. Consistent with section 201(a)(2) of the Act, each 
                Agreement country is to be removed from the enumeration 
                of designated beneficiary developing countries eligible 
                for the benefits of the Generalized System of 
                Preferences (GSP) on the date the Agreement enters into 
                force with respect to that country.

                4. Consistent with section 201(a)(3) of the Act, each 
                Agreement country is to be removed from the enumeration 
                of designated beneficiary countries under the Caribbean 
                Basin Economic Recovery Act (CBERA) (19 U.S.C. 2701 et 
                seq.) on the date the Agreement enters into force with 
                respect to that country, subject to the exceptions set 
                out in section 201(a)(3)(B) of the Act.

                5. Consistent with section 213(b)(5)(D) of the CBERA, 
                as amended by the United States-Caribbean Basin Trade 
                Partnership Act (CBTPA) (Public Law 106-200), each 
                Agreement country is to be removed from the enumeration 
                of designated CBTPA beneficiary countries on the date 
                the Agreement enters into force with respect to that 
                country.

                6. Section 1634(c)(2) of the Pension Protection Act of 
                2006 (Public Law 109-280) (29 U.S.C. 1001 note) 
                authorizes the President to proclaim a reduction in the 
                overall limit in the tariff preference level for 
                Nicaragua provided in Annex 3.28 of the Agreement if 
                the President determines that Nicaragua has failed to 
                comply with a commitment under an agreement between the 
                United States and Nicaragua with regard to the 
                administration of such tariff preference level.

                7. Presidential Proclamation 6641 of December 15, 1993, 
                implemented the North American Free Trade Agreement 
                (NAFTA) with respect to the United States and, pursuant 
                to the North American Free Trade Agreement 
                Implementation Act (Public Law 103-182) (the ``NAFTA 
                Implementation Act''), incorporated in the Harmonized 
                Tariff Schedule of the United States (HTS) the

[[Page 10026]]

                tariff modifications and rules of origin necessary or 
                appropriate to carry out the NAFTA.

                8. Section 202 of the NAFTA Implementation Act (19 
                U.S.C. 3332) provides rules for determining whether 
                goods imported into the United States originate in the 
                territory of a NAFTA party and thus are eligible for 
                the tariff and other treatment contemplated under the 
                NAFTA. Section 202(q) of the NAFTA Implementation Act 
                (19 U.S.C. 3332(q)) authorizes the President to 
                proclaim, as a part of the HTS, the rules of origin set 
                out in the NAFTA and to proclaim modifications to such 
                previously proclaimed rules of origin, subject to the 
                consultation and layover requirements of section 103(a) 
                of the NAFTA Implementation Act (19 U.S.C. 3313(a)).

                9. The United States and Mexico have agreed to modify 
                certain NAFTA rules of origin. It is therefore 
                necessary to modify the NAFTA rules of origin set out 
                in Proclamation 6641.

                10. Executive Order 11651 of March 3, 1972, as amended, 
                established the Committee for the Implementation of 
                Textile Agreements (CITA), consisting of 
                representatives of the Departments of State, the 
                Treasury, Commerce, and Labor, and the Office of the 
                United States Trade Representative, with the 
                representative of the Department of Commerce as 
                Chairman, to supervise the implementation of textile 
                trade agreements. Consistent with 3 U.S.C. 301, when 
                carrying out functions vested in the President by 
                statute and assigned by the President to CITA, the 
                officials collectively exercising those functions are 
                all to be officers required to be appointed by the 
                President with the advice and consent of the Senate.

                11. Section 604 of the Trade Act of 1974 (the ``1974 
                Act'') (19 U.S.C. 2483), as amended, authorizes the 
                President to embody in the HTS the substance of 
                relevant provisions of that Act, or other acts 
                affecting import treatment, and of actions taken 
                thereunder.

                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 
                section 201 of the Act, section 1634(c)(2) of the 
                Pension Protection Act of 2006, section 202 of the 
                NAFTA Implementation Act, section 301 of title 3, 
                United States Code, and section 604 of the 1974 Act, 
                and the Act having taken effect pursuant to section 
                107(a), do proclaim that:

                (1) In order to provide generally for the preferential 
                tariff treatment being accorded under the Agreement to 
                the Dominican Republic, to provide certain other 
                treatment to originating goods for the purposes of the 
                Agreement, to provide tariff-rate quotas with respect 
                to certain goods, to reflect the removal of the 
                Dominican Republic from the enumeration of designated 
                beneficiary developing countries for purposes of the 
                GSP, to reflect the removal of the Dominican Republic 
                from the enumeration of designated beneficiary 
                countries for purposes of the CBERA and the CBTPA, and 
                to make technical and conforming changes in the general 
                notes to the HTS, the HTS is modified as set forth in 
                Annexes I and II of Publication 3901 of the United 
                States International Trade Commission, entitled 
                Modifications to the Harmonized Tariff Schedule of the 
                United States to Implement the Dominican Republic-
                Central America-United States Free Trade Agreement With 
                Respect to the Dominican Republic (Publication 3901), 
                which is incorporated by reference into this 
                proclamation.

                (2) The CITA is authorized to exercise the function of 
                the President under section 1634(c)(2) of the Pension 
                Protection Act of 2006 of determining whether Nicaragua 
                has failed to comply with a commitment under an 
                agreement between the United States and Nicaragua with 
                regard to the administration of the tariff preference 
                level for Nicaragua provided in Annex 3.28 of the 
                Agreement and, on making such a determination, to 
                reduce the overall limit in the tariff preference level 
                for Nicaragua provided in Annex 3.28 of the Agreement.

[[Page 10027]]

                (3) In order to modify the rules of origin under the 
                NAFTA, general note 12 to the HTS is modified as set 
                forth in the Annex to this proclamation.

                (4)(a) The amendments to the HTS made by paragraph (1) 
                of this proclamation shall be effective with respect to 
                goods entered, or withdrawn from warehouse for 
                consumption, on or after the relevant dates indicated 
                in Annex I or II of Publication 3901.

                (b) The amendments to the HTS made by paragraph (3) of 
                this proclamation shall enter into effect on the date 
                that the United States Trade Representative announces 
                in the Federal Register that Mexico has completed its 
                applicable domestic procedures to give effect to 
                corresponding modifications to be applied to goods of 
                the United States and shall, at that time, be effective 
                with respect to goods of Mexico entered, or withdrawn 
                from warehouse for consumption, on or after the date 
                indicated in the Annex to this proclamation.

                (c) Except as provided in paragraphs (4)(a) and (b) of 
                this proclamation, this proclamation shall be effective 
                with respect to goods entered, or withdrawn from 
                warehouse for consumption, on or after March 1, 2007.

                (5) 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.

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

Billing code 3195-01-P


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[GRAPHIC] [TIFF OMITTED] TD06MR07.000


[FR Doc. 07-1068
Filed 3-5-07; 8:45 am]
Billing code 3190-01-C