[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Presidential Documents]
[Pages 57475-57483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23562]


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                         Presidential Documents 
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  Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 57475]]

                Proclamation 8296 of September 30, 2008

                
To Modify Duty-free Treatment Under The Caribbean 
                Basin Economic Recovery Act and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. Section 213A(b) of the Caribbean Basin Economic 
                Recovery Act (19 U.S.C. 2703a(b)) (the ``CBERA''), as 
                amended by section 15402(a)(2) of the Haitian 
                Hemispheric Opportunity through Partnership 
                Encouragement Act of 2008 (part 1 of subtitle D of 
                title XV of Public Law 110-246, 122 Stat. 2289) (the 
                ``HOPE II Act''), provides that preferential tariff 
                treatment may be provided for certain apparel and other 
                articles originating in Haiti that are imported 
                directly from Haiti or the Dominican Republic into the 
                customs territory of the United States.

                2. Pursuant to section 213A(f)(3) of CBERA (19 U.S.C. 
                2703a(f)(3)), as redesignated by section 15403(2) of 
                the HOPE II Act (122 Stat. 2302), apparel and other 
                articles described in section 213A(b) of CBERA that are 
                shipped from the Dominican Republic to the United 
                States directly or through the territory of an 
                intermediate country shall not qualify for the 
                preferential tariff treatment provided for under 
                section 213A(b) until the President certifies to the 
                Congress that Haiti and the Dominican Republic have 
                developed procedures to prevent unlawful transshipment 
                of the articles and the use of counterfeit documents 
                related to the importation of the articles into the 
                United States.

                3. I have determined, and hereby certify, that Haiti 
                and the Dominican Republic have developed the 
                procedures described in section 213A(f)(3) of CBERA.

                4. Section 15406 of the HOPE II Act (122 Stat. 2308) 
                authorizes the President to exercise the authority 
                provided under section 604 of the Trade Act of 1974, as 
                amended (19 U.S.C. 2483) (the ``1974 Act''), to 
                proclaim such modifications to the Harmonized Tariff 
                Schedule of the United States (HTS) as may be necessary 
                to carry out the HOPE II Act.

                5. I have determined that it is appropriate to 
                authorize the United States Trade Representative (USTR) 
                to perform the following functions: the functions set 
                forth in section 213A(d)(4) of CBERA, as amended (122 
                Stat. 2307; 19 U.S.C. 2703a(d)(4)); the reporting 
                function set forth in section 213A(e)(1)(B)(ii) of 
                CBERA, as amended (122 Stat. 2302; 19 U.S.C. 
                2703a(e)(1)(B)(ii)); the consultation function set 
                forth in section 213A(e)(1)(C)(i) of CBERA, as amended 
                (122 Stat. 2302-3; 19 U.S.C. 2703a(e)(1)(C)(i)); and 
                the functions set forth in section 213A(e)(5) of CBERA, 
                as amended (122 Stat. 2307; 19 U.S.C. 2703a(e)(5)).

                6. I have determined that it is appropriate to 
                authorize the Secretary of Labor, in consultation with 
                the USTR, to perform the functions related to 
                identifying producers and seeking to provide assistance 
                to such producers set forth in section 213A(e)(4)(B)(i) 
                and (ii) of CBERA, as amended (122 Stat. 2306; 19 
                U.S.C. 2703a(e)(4)(B)(i), (ii)).

                7. In Presidential Proclamation 8272 of June 30, 2008, 
                I waived, pursuant to section 503(d)(1) of the 1974 Act 
                (19 U.S.C. 2463(d)(1)), the application of the 
                competitive need limitations in section 503(c)(2)(A) of 
                the 1974 Act

[[Page 57476]]

                (19 U.S.C. 2463(c)(2)(A)) with respect to certain 
                articles from Turkey. A technical rectification to the 
                HTS is required to provide the intended tariff 
                treatment.

                8. Section 604 of the 1974 Act 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 section 15406 of 
                the HOPE II Act, section 604 of the 1974 Act, and 
                section 301 of title 3, United States Code, do proclaim 
                that:

                (1) In order to provide the tariff treatment for 
                articles imported directly from Haiti or the Dominican 
                Republic provided for in section 213A(b) of CBERA, as 
                amended by the HOPE II Act, the HTS is modified as set 
                forth in the Annex to this proclamation.

                (2) The modifications to the HTS set forth in the Annex 
                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 the 
                Annex.

                (3) The USTR is hereby authorized to perform the 
                functions set forth in section 213A(d)(4) of CBERA; the 
                reporting function set forth in section 
                213A(e)(1)(B)(ii) of CBERA; the consultation function 
                set forth in section 213A(e)(1)(C)(i) of CBERA; and the 
                functions set forth in section 213A(e)(5) of CBERA.

                (4) The Secretary of Labor, in consultation with the 
                USTR, is hereby authorized to perform the functions 
                related to identifying producers and seeking to provide 
                assistance to such producers set forth in section 
                213A(e)(4)(B)(i) and (ii) of CBERA.

                (5) In order to correct technical errors in 
                Presidential Proclamation 8272, General Note 4(d) of 
                the HTS is modified by deleting ``7413.00.50 Turkey,'' 
                and the Rates of Duty 1-Special subcolumn for HTS 
                subheading 7413.00.50 is modified by deleting the 
                symbol ``A*'' and inserting the symbol ``A'' in lieu 
                thereof, effective with respect to goods entered, or 
                withdrawn from warehouse for consumption, on or after 
                July 1, 2008.

                (6) The USTR shall notify the Congress of this 
                proclamation and certification.

                (7) 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.

[[Page 57477]]

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

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[FR Doc. E8-23562 Filed 10-2-W9 8:45 am]
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