[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Presidential Documents]
[Pages 21515-21518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1168]



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Part IV





The President





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Proclamation 8240--To Take Certain Actions Under the African Growth and 
Opportunity Act and the Generalized System of Preferences and for Other 
Purposes
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  Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 8240 of April 17, 2008

                
To Take Certain Actions Under the African Growth 
                and Opportunity Act and the Generalized System of 
                Preferences and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. Section 506A(a)(1) of the Trade Act of 1974, as 
                amended (the ``1974 Act'') (19 U.S.C. 2466a(a)(1)), as 
                added by section 111(a) of the African Growth and 
                Opportunity Act (title I of Public Law 106-200) (AGOA), 
                authorizes the President to designate a country listed 
                in section 107 of the AGOA (19 U.S.C. 3706) as a 
                ``beneficiary sub-Saharan African country'' if the 
                President determines that the country meets the 
                eligibility requirements set forth in section 104 of 
                the AGOA (19 U.S.C. 3703), as well as the eligibility 
                criteria set forth in section 502 of the 1974 Act (19 
                U.S.C. 2462).

                2. Section 104 of the AGOA authorizes the President to 
                designate a country listed in section 107 of the AGOA 
                as an ``eligible sub-Saharan African country'' if the 
                President determines that the country meets certain 
                eligibility requirements.

                3. Section 112(c) of the AGOA, as amended in section 
                6002 of the Africa Investment Incentive Act of 2006 
                (Division D, Title VI, Public Law 109-432) (19 U.S.C. 
                3721(c)), provides special rules for certain apparel 
                articles imported from ``lesser developed beneficiary 
                sub-Saharan African countries.''

                4. Pursuant to section 104 of the AGOA and section 
                506A(a)(1) of the 1974 Act, I have determined that the 
                Republic of Togo (Togo) meets the eligibility 
                requirements set forth or referenced therein, and I 
                have decided to designate Togo as an eligible sub-
                Saharan African country and as a beneficiary sub-
                Saharan African country.

                5. I further determine that Togo satisfies the 
                criterion for treatment as a ``lesser developed 
                beneficiary sub-Saharan African country'' under section 
                112(c)(5)(D) of the AGOA, as amended.

                6. Presidential Proclamation 8114 of March 19, 2007, 
                implemented section 112 of the AGOA, as amended. 
                Technical corrections to the Harmonized Tariff Schedule 
                of the United States (HTS) are necessary to implement 
                the intended tariff treatment.

                7. Pursuant to sections 501 and 502(a) of the 1974 Act 
                (19 U.S.C. 2461, 2462(a)), the President is authorized 
                to designate countries as beneficiary developing 
                countries, and to designate any beneficiary developing 
                country as a least-developed beneficiary developing 
                country, for purposes of the Generalized System of 
                Preferences (GSP) program.

                8. In Executive Order 12302 of April 1, 1981, the 
                President designated the Solomon Islands as a 
                beneficiary developing country for purposes of the GSP 
                program. Pursuant to section 502(a)(2) of the 1974 Act, 
                and having considered the factors set forth in sections 
                501 and 502(c), I have determined that the Solomon 
                Islands should be designated as a least-developed 
                beneficiary developing country for purposes of the GSP 
                program.

[[Page 21516]]

                9. In calendar year 2006, imports from Jamaica under 
                subheading 2202.90.37 of the HTS exceeded the relevant 
                competitive need limitation (CNL) set forth in 19 
                U.S.C. 2463(c)(2). Pursuant to section 503(c)(2)(A) of 
                the 1974 Act, where imports of articles exceed the 
                relevant CNL in a calendar year, the President shall 
                withdraw duty-free treatment for such article by July 1 
                of the following year and modify the HTS accordingly.

                10. On January 6, 1987, Colombia was granted a waiver 
                of the CNL for imports under HTS subheading 1701.11.05. 
                Despite the existing waiver of the CNL, on July 5, 
                2001, duty-free treatment was withdrawn in error for 
                imports from Colombia under HTS subheading 1701.11.05 
                because import levels exceeded the relevant CNL in 
                calendar year 2000. A technical correction to the HTS 
                is required to reflect the waiver of the CNL for 
                imports from Colombia under HTS subheading 1701.11.05.

                11. In Presidential Proclamation 8097 of December 29, 
                2006, I modified the HTS pursuant to section 1206(a) of 
                the Omnibus Trade and Competitiveness Act of 1988 (19 
                U.S.C. 3006(a)) to conform the HTS to the International 
                Convention on the Harmonized Commodity Description and 
                Coding System (the ``Convention''). Additional 
                conforming changes to the HTS are required to implement 
                the intended tariff treatment.

                12. Section 604 of 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 104 of the AGOA and title V and section 604 of 
                the 1974 Act (19 U.S.C. 2461-67, 2483), do proclaim 
                that:

                (1) Togo is designated as an eligible sub-Saharan 
                African country and as a beneficiary sub-Saharan 
                African country for purposes of the AGOA.

                (2) In order to reflect this designation in the HTS, 
                general note 16(a) to the HTS is modified by inserting 
                in alphabetical sequence in the list of beneficiary 
                sub-Saharan African countries ``Republic of Togo,'' 
                effective with respect to articles entered, or 
                withdrawn from warehouse for consumption, on or after 
                the thirtieth day after the date of this proclamation.

                (3) For purposes of section 112(c) of the AGOA, as 
                amended, Togo is a lesser developed beneficiary sub-
                Saharan African country.

                (4) In order to provide the tariff treatment intended 
                under section 112 of the AGOA, as amended, the HTS is 
                modified as set forth in the Annex to this 
                proclamation.

                (5) The Solomon Islands is designated as a least-
                developed beneficiary developing country for purposes 
                of the GSP program.

                (6) In order to reflect this designation in the HTS, 
                general note 4(b)(i) is modified by adding in 
                alphabetical order ``The Solomon Islands,'' effective 
                with respect to articles entered, or withdrawn from 
                warehouse for consumption, on or after the sixty-fifth 
                day after the date of this proclamation.

                (7) For purposes of the GSP program, in order to 
                provide the intended tariff treatment for imports from 
                Jamaica, under HTS subheading 2202.90.37, general note 
                4(d) is modified by adding in numerical order 
                ``2202.90.37'' and by inserting ``Jamaica'' next to 
                ``2202.90.37.''

                (8) For purposes of the GSP program, in order to 
                provide the intended tariff treatment for imports from 
                Colombia, under HTS subheading 1701.11.05, general note 
                4(d) is modified by deleting ``Colombia'' from the list 
                of countries enumerated next to HTS subheading 
                ``1701.11.05.''

[[Page 21517]]

                (9) In order to conform the HTS to the Convention, 
                additional U.S. note 3(d) to subchapter XX of chapter 
                98 and additional U.S. note 4(d) to subchapter XXI of 
                chapter 98 of the HTS are each modified by deleting 
                ``5402.10.30, 5402.10.60,'' each place it occurs and by 
                inserting in lieu thereof ``5402.11.30, 5402.11.60, 
                5402.19.30, 5402.19.60,'' in each case.

                (10) 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 
                seventeenth day of April, 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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[GRAPHIC] [TIFF OMITTED] TD21AP08.011


[FR Doc. 08-1168
Filed 4-18-08; 8:54 am]

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