[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Presidential Documents]
[Pages 18141-18146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1091]



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Part III





The President





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Proclamation 8228--To Modify the Harmonized Tariff Schedule of the 
United States and for Other Purposes



Presidential Determination No. 2008-16 of March 24, 2008--Determination 
To Waive Military Coup-Related Provision of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008, With 
Respect to Pakistan
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                         Presidential Documents 
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  Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 18141]]

                Proclamation 8228 of March 28, 2008

                
To Modify the Harmonized Tariff Schedule of the 
                United States 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. 
                In 2006, the Commission recommended modifications to 
                the HTS pursuant to section 1205 of the 1988 Act to 
                conform the HTS to amendments made to the International 
                Convention on the Harmonized Commodity Description and 
                Coding System (the ``Convention''). In Presidential 
                Proclamation 8097 of December 29, 2006, I modified the 
                HTS pursuant to section 1206(a) of the 1988 Act (19 
                U.S.C. 3006(a)) to conform the HTS to the Convention.

                2. The Commission has recommended further modifications 
                to the HTS pursuant to sections 1205(a) and (d) of the 
                1988 Act (19 U.S.C. 3005(a) and (d)) to alleviate 
                unnecessary administrative burdens, and to ensure that 
                the prior modifications proclaimed in Proclamation 8097 
                maintain substantial rate neutrality.

                3. Section 1206(a) of the 1988 Act 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 are in conformity with United 
                States obligations under the Convention and do not run 
                counter to the national economic interest of the United 
                States.

                4. Presidential Proclamation 7746 of December 30, 2003, 
                implemented the United States-Chile Free Trade 
                Agreement with respect to the United States, and 
                Presidential Proclamation 7747 of December 30, 2003, 
                implemented the United States-Singapore Free Trade 
                Agreement with respect to the United States. In 
                Presidential Proclamation 8097, I proclaimed 
                modifications to the HTS that I determined were 
                necessary or appropriate to continue to carry out the 
                duty reductions proclaimed in Proclamations 7746 and 
                7747.

                5. In Presidential Proclamation 8214 of December 27, 
                2007, I further modified the HTS pursuant to section 
                1206(a) of the 1988 Act to ensure the continuation of 
                tariff and certain other treatment accorded originating 
                goods under tariff categories modified in Proclamation 
                8097 and to carry out the duty reductions proclaimed in 
                Proclamations 7746 and 7747. Technical rectifications 
                to the HTS are required to provide the intended tariff 
                treatment.

[[Page 18142]]

                6. On August 5, 2004, the United States entered into 
                the Dominican Republic-Central America-United States 
                Free Trade Agreement (CAFTA-DR) with Costa Rica, the 
                Dominican Republic, El Salvador, Guatemala, Honduras, 
                and Nicaragua. The Congress approved the CAFTA-DR in 
                section 101(a) of the Dominican Republic-Central 
                America-United States Free Trade Agreement 
                Implementation Act (the ``CAFTA-DR Act'') (19 U.S.C. 
                4011).

                7. Sections 321-328 of the CAFTA-DR Act (19 U.S.C. 
                4081-4088) authorize the President to take certain 
                actions in response to a request by an interested party 
                for relief from serious damage or actual threat thereof 
                to a domestic industry producing certain textile or 
                apparel articles. I assigned certain functions under 
                these provisions to the Committee for the 
                Implementation of Textile Agreements (CITA) in 
                Proclamation 7987 of February 28, 2006.

                8. Executive Order 11651 of March 3, 1972, as amended, 
                established 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.

                9. 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 
                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 
                section 1206 of the 1988 Act, sections 321-328 of the 
                CAFTA-DR Act, section 301 of title 3, United States 
                Code, 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 to this proclamation.

                (2) In order to provide the intended tariff treatment 
                to imports of originating goods from Chile, the HTS is 
                modified as set out in section A of Annex II to this 
                proclamation.

                (3) In order to provide the intended tariff treatment 
                to imports of originating goods from Singapore, the HTS 
                is modified as set out in section B of Annex II to this 
                proclamation.

                (4) The CITA is authorized to exercise my authority 
                under sections 321-328 of the CAFTA-DR Act to provide 
                relief from imports that are the subject of a 
                determination under section 322(a) of the CAFTA-DR Act, 
                to the extent necessary to remedy or prevent serious 
                damage and to facilitate adjustment by the domestic 
                industry.

                (5) The United States Trade Representative shall modify 
                the HTS in a notice published in the Federal Register 
                to reflect determinations pursuant to paragraph (4) of 
                this proclamation by the CITA.

                (6) 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.

                (7) The modifications to the HTS set forth in Annex I 
                and Annex II to this proclamation 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 Annexes for the 
                goods described therein.

[[Page 18143]]

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

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[FR Doc. 08-1091
Filed 4-1-08; 8:44 am]

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