[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Presidential Documents]
[Pages 38297-38305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1413]



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Part II





The President





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Proclamation 8272--To Modify Duty-Free Treatment Under the Generalized 
System of Preferences, Take Certain Actions Under the African Growth 
and Opportunity Act, and for Other Purposes
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                         Presidential Documents 
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  Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 38297]]

                Proclamation 8272 of June 30, 2008

                
To Modify Duty-Free Treatment Under the 
                Generalized System of Preferences, Take Certain Actions 
                Under the African Growth and Opportunity Act, and for 
                Other Purposes

                By the President of the United States of America

                A Proclamation

                 1. Pursuant to section 503(c)(2)(A) of the Trade Act 
                of 1974, as amended (the ``1974 Act'') (19 U.S.C. 
                2463(c)(2)(A)), beneficiary developing countries, 
                except those designated as least-developed beneficiary 
                developing countries or beneficiary sub-Saharan African 
                countries as provided in section 503(c)(2)(D) of the 
                1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to 
                competitive need limitations on the preferential 
                treatment afforded under the Generalized System of 
                Preferences (GSP) to eligible articles.

                 2. Pursuant to sections 501 and 503(a)(1)(A) of the 
                1974 Act (19 U.S.C. 2461 and 2463(a)(1)(A)), the 
                President may designate articles as eligible for 
                preferential tariff treatment under the GSP.

                 3. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)(i)) provides that the President may 
                disregard the competitive need limitation provided in 
                section 503(c)(2)(A) (i)(II) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(A)(i)(II)) with respect to any eligible 
                article from any beneficiary developing country if the 
                aggregate appraised value of the imports of such 
                article into the United States during the preceding 
                calendar year does not exceed an amount set forth in 
                section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)(ii)).

                 4. Pursuant to section 503(d)(1) of the 1974 Act (19 
                U.S.C. 2463(d)(1)), the President may waive the 
                application of the competitive need limitations in 
                section 503(c)(2)(A) of the 1974 Act with respect to 
                any eligible article from any beneficiary developing 
                country if certain conditions are met.

                 5. 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.

                 6. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) 
                provides that the President shall terminate the 
                designation of a country as a beneficiary developing 
                country for purposes of the GSP if the President 
                determines that such country has become a ``high 
                income'' country as defined by the official statistics 
                of the International Bank for Reconstruction and 
                Development. Termination is effective on January 1 of 
                the second year following the year in which such 
                determination is made.

                 7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I 
                have determined that in 2007 certain beneficiary 
                developing countries have exported certain eligible 
                articles in quantities exceeding the applicable 
                competitive need limitations, and I therefore terminate 
                the duty-free treatment for such articles from such 
                beneficiary developing countries.

                 8. Pursuant to section 503(c)(2)(F) of the 1974 Act, I 
                have determined that the competitive need limitation 
                provided in section 503(c)(2)(A)(i)(II) of the 1974 Act 
                should be disregarded with respect to certain eligible 
                articles from certain beneficiary developing countries.

[[Page 38298]]

                 9. Pursuant to section 503(d)(1) of the 1974 Act, I 
                have received the advice of the United States 
                International Trade Commission on whether any 
                industries in the United States are likely to be 
                adversely affected by such waivers, and I have 
                determined, based on that advice and on the 
                considerations described in sections 501 and 502(c) of 
                the 1974 Act (19 U.S.C. 2462(c)), and after giving 
                great weight to the considerations in section 503(d)(2) 
                of the 1974 Act (19 U.S.C. 2463(d)(2)), that such 
                waivers are in the national economic interest of the 
                United States. Accordingly, I have determined that the 
                competitive need limitations of section 503(c)(2)(A) of 
                the 1974 Act should be waived with respect to certain 
                eligible articles from certain beneficiary developing 
                countries.

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

                 11. Pursuant to section 502(e) of the 1974 Act, I have 
                determined that Trinidad and Tobago has become a ``high 
                income'' country, and I am terminating the designation 
                of that country as a beneficiary developing country for 
                purposes of the GSP, effective January 1, 2010.

                 12. Section 502(a)(1) of the 1974 Act (19 U.S.C. 
                2462(a)(1)) authorizes the President to designate 
                countries as beneficiary developing countries for 
                purposes of the GSP. In Proclamation 7912 of June 29, 
                2005, I designated Serbia and Montenegro as a 
                beneficiary developing country for purposes of the GSP. 
                On June 3, 2006, upon Montenegro's declaration of 
                independence from Serbia and Montenegro, the country 
                separated into two independent republics: the Republic 
                of Serbia and the Republic of Montenegro. Pursuant to 
                section 502 of the 1974 Act, and taking into account 
                the factors set forth in section 502(c) of that Act, I 
                have determined that, in light of the separation of 
                Serbia and Montenegro into two countries, the Republic 
                of Serbia and the Republic of Montenegro should each be 
                designated as a beneficiary developing country for 
                purposes of the GSP.

                 13. Section 506A(a)(1) of 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, 114 Stat. 254) (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) and the eligibility 
                criteria set forth in section 502 of the 1974 Act (19 
                U.S.C. 2462).

                 14. 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.

                 15. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as 
                added by section 6002(a) of the Africa Investment 
                Incentive Act of 2006 (division D of title VI of Public 
                Law 109-432, 120 Stat. 2922), provides special rules 
                for certain apparel articles imported from lesser 
                developed beneficiary sub-Saharan African countries.

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

                 17. I have further determined that Comoros satisfies 
                the criterion for treatment as a lesser developed 
                beneficiary sub- Saharan African country under section 
                112(c)(5)(D)(i) of the AGOA.

                 18. On August 5, 2004, the United States entered into 
                the Dominican Republic-Central America-United States 
                Free Trade Agreement (the ``Agreement'')

[[Page 38299]]

                with Costa Rica, the Dominican Republic, El Salvador, 
                Guatemala, Honduras, and Nicaragua. The Congress 
                approved the Agreement 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).

                 19. Pursuant to section 403(a) of the CAFTA-DR Act (19 
                U.S.C. 4111(a)), the President is to report biennially 
                to the Congress on the matters described in that 
                section and, as the President deems appropriate, in 
                section 403(b)(2) of the CAFTA-DR Act (19 U.S.C. 
                4111(b)(2)).

                 20. Pursuant to section 403(a)(4) of the CAFTA-DR Act 
                (19 U.S.C. 4111(a)(4)), the President is to establish a 
                mechanism to solicit public comments on the matters 
                described in section 403(a)(3)(D) of the CAFTA-DR Act 
                (19 U.S.C. 4111(a)(3)(D)).

                 21. In Presidential Proclamation 8213 of December 20, 
                2007, I modified the Harmonized Tariff Schedule of the 
                United States (HTS) pursuant to section 1634 of the 
                Pension Protection Act of 2006 (Public Law 109-280, 120 
                Stat. 780) to carry out the understandings described in 
                that section. Technical rectifications to the HTS are 
                required to provide the intended tariff treatment.

                 22. In Presidential Proclamation 8240 of April 17, 
                2008, pursuant to section 503(c)(2)(A) of the 1974 Act, 
                I modified the HTS to withdraw duty-free treatment for 
                certain articles from Jamaica. A technical 
                rectification to the HTS is required to provide the 
                intended tariff treatment.

                 23. Section 604 of the 1974 Act (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, including but not limited to title V and 
                section 604 of the 1974 Act, section 104 of the AGOA, 
                section 301 of title 3, United States Code (3 U.S.C. 
                301), and section 403 of the CAFTA-DR Act, do proclaim 
                that:

                 (1) In order to provide that one or more countries 
                should no longer be treated as beneficiary developing 
                countries with respect to one or more eligible articles 
                for purposes of the GSP, general note 4(d) to the HTS 
                is modified as set forth in section A of Annex I to 
                this proclamation.

                 (2) In order to provide that one or more countries 
                should not be treated as beneficiary developing 
                countries with respect to certain eligible articles for 
                purposes of the GSP, the Rates of Duty 1-Special 
                subcolumn for such HTS subheadings is modified as set 
                forth in section B of Annex I to this proclamation.

                 (3) In order to designate certain articles as eligible 
                articles for purposes of the GSP, the Rates of Duty 1-
                Special subcolumn for such HTS subheadings is modified 
                as set forth in section C of Annex I to this 
                proclamation.

                 (4) The competitive need limitation provided in 
                section 503(c)(2)(A)(i)(II) of the 1974 Act is 
                disregarded with respect to the eligible articles in 
                the HTS subheadings and to the beneficiary developing 
                countries listed in Annex II to this proclamation.

                 (5) A waiver of the application of section 
                503(c)(2)(A) of the 1974 Act shall apply to the 
                eligible articles in the HTS subheadings and to the 
                beneficiary developing countries set forth in Annex III 
                to this proclamation.

                 (6) The waivers of the application of section 
                503(c)(2)(A) of the 1974 Act to the articles in the HTS 
                subheadings and to the beneficiary developing countries 
                listed in Annex IV to this proclamation are revoked.

                 (7) The designation of Trinidad and Tobago as a 
                beneficiary developing country for purposes of the GSP 
                is terminated, effective on January 1, 2010.

[[Page 38300]]

                 (8) In order to reflect this termination in the HTS, 
                general note 4(a) to the HTS is modified by deleting 
                ``Trinidad and Tobago'' from the list of independent 
                countries, effective with respect to articles entered, 
                or withdrawn from warehouse for consumption, on or 
                after January 1, 2010.

                 (9) The Republic of Serbia is designated as a 
                beneficiary developing country for purposes of the GSP.

                 (10) In order to reflect this designation in the HTS, 
                general note 4(a) is modified by deleting ``Serbia and 
                Montenegro'' and adding in alphabetical order 
                ``Serbia'' to the list of independent countries, 
                effective with respect to articles entered, or 
                withdrawn from warehouse for consumption, on or after 
                the thirtieth day after the date of this proclamation.

                 (11) The Republic of Montenegro is designated as a 
                beneficiary developing country for purposes of the GSP.

                 (12) In order to reflect this designation in the HTS, 
                general note 4(a) is modified by adding in alphabetical 
                order ``Montenegro'' to the list of independent 
                countries, effective with respect to articles entered, 
                or withdrawn from warehouse for consumption, on or 
                after the thirtieth day after the date of this 
                proclamation.

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

                 (14) 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 ``Union of the Comoros,'' 
                effective with respect to articles entered, or 
                withdrawn from warehouse for consumption, on or after 
                July 1, 2008.

                 (15) For purposes of section 112(c) of the AGOA, 
                Comoros is a lesser developed beneficiary sub-Saharan 
                African country.

                 (16) The modifications to the HTS set forth in Annexes 
                I and IV to this proclamation shall be effective with 
                respect to articles entered, or withdrawn from 
                warehouse for consumption, on or after the dates set 
                forth in the respective annex.

                 (17) The Secretary of Labor, in consultation with the 
                United States Trade Representative, shall carry out the 
                reporting function under sections 403(a) and 403(b)(2) 
                of the CAFTA-DR Act.

                 (18) The Secretary of Labor, in consultation with the 
                United States Trade Representative, shall solicit 
                public comments under section 403(a)(4) of the CAFTA-DR 
                Act.

                 (19) In order to provide the intended tariff treatment 
                to certain articles of Jamaica, the HTS is modified as 
                set forth in Annex V to this proclamation.

                 (20) The modifications to the HTS set forth in Annex V 
                to this proclamation shall be effective with respect to 
                articles entered, or withdrawn from warehouse for 
                consumption, on or after the date set forth in Annex V.

                 (21) In order to provide the intended tariff treatment 
                to goods subject to the understandings carried out in 
                Proclamation 8213, the HTS is modified as set forth in 
                Annex VI to this proclamation.

                 (22) The modifications to the HTS set forth in Annex 
                VI to this proclamation shall enter into effect on the 
                date that the modifications to the HTS set out in 
                section C or D of the Annex to Proclamation 8213, as 
                appropriate, enter into force, and shall be effective 
                with respect to goods entered, or withdrawn from 
                warehouse for consumption, on or after that date.

[[Page 38301]]

                 (23) 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 
                thirtieth day of June 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. 08-1413
Filed 7-2-08; 10:01 am]

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