[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Presidential Documents]
[Pages 72677-72683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28537]



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Part IV





The President





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Proclamation 8323--To Provide for Duty-free Treatment Under the Earned 
Import Allowance Program, And for Other Purposes



Memorandum of November 25, 2008--Provision of Marine War Risk Insurance 
Coverage
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                         Presidential Documents 
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  Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 8323 of November 25, 2008

                
To Provide for Duty-free Treatment Under the 
                Earned Import Allowance Program, And for Other Purposes

                By the President of the United States of America

                A Proclamation

                 1. Section 404 of the Dominican Republic-Central 
                America-United States Free Trade Agreement 
                Implementation Act (the ``CAFTA-DR Act''), as added by 
                section 2 of Public Law 110-436, 122 Stat. 4976, 
                provides for preferential tariff treatment of eligible 
                apparel articles wholly assembled in an eligible 
                country and imported directly from an eligible country, 
                if such articles are accompanied by an earned import 
                allowance certificate issued under a program 
                established by the Secretary of Commerce.

                 2. Section 404(e)(1) of the CAFTA-DR Act, as amended, 
                provides that the program providing this preferential 
                treatment shall be in effect for the 10-year period 
                beginning on the date on which the President certifies 
                to the appropriate congressional committees that 
                sections A, B, C, and D of the Annex to Presidential 
                Proclamation 8213 of December 20, 2007, have taken 
                effect.

                 3. On August 7, 2008, the United States Trade 
                Representative (USTR) published a notice in the Federal 
                Register (73 FR 46057) announcing that August 15, 2008, 
                would be the effective date for sections A, B, C, and D 
                of the Annex to Presidential Proclamation 8213.

                 4. I have determined, and hereby certify, that the 
                provisions of Proclamation 8213 referenced in section 
                404(e)(1) of the CAFTA-DR Act, as amended, have taken 
                effect.

                 5. Section 6002 of the Africa Investment Incentive Act 
                of 2006 (division D, title VI of Public Law 109-432) 
                (the ``2006 Act'') amended section 112(c) of the 
                African Growth and Opportunity Act (AGOA) (19 U.S.C. 
                3721(c)) to modify the preferential tariff treatment 
                accorded to designated lesser developed beneficiary 
                sub-Saharan African countries.

                 6. Pursuant to section 6002 of the 2006 Act, in 
                Proclamation 8114 of March 19, 2007, I proclaimed 
                modifications to the Harmonized Tariff Schedule of the 
                United States (HTS) to provide the tariff treatment 
                authorized by the 2006 Act. The HTS provisions 
                proclaimed in Proclamation 8114 were modified by 
                Proclamation 8157 of June 28, 2007, and Proclamation 
                8240 of April 17, 2008, to provide the tariff treatment 
                authorized by the 2006 Act.

                 7. Section 3 of Public Law 110-436 amends section 
                112(c) of the AGOA to modify the tariff treatment 
                applicable to lesser developed beneficiary sub-Saharan 
                African countries, and to provide that Mauritius is to 
                be treated as a lesser developed beneficiary sub-
                Saharan African country for purposes of the AGOA.

                 8. Accordingly, in order to reflect the amendments to 
                section 112(c) of the AGOA, I have determined that it 
                is appropriate to modify the HTS to reflect the tariff 
                treatment provided to lesser developed beneficiary sub-
                Saharan African countries and to provide that Mauritius 
                is to be treated as a lesser developed beneficiary sub-
                Saharan African country for purposes of the AGOA.

[[Page 72678]]

                 9. Section 203(e)(1)(A)(i) of the Andean Trade 
                Preference Act, as amended (ATPA) (19 U.S.C. 
                3202(e)(1)(A)(i)), authorizes the President to withdraw 
                or suspend the designation of any country as a 
                beneficiary country for purposes of the ATPA if, after 
                such designation, the President determines that as a 
                result of changed circumstances such country should be 
                barred from designation as a beneficiary country.

                10. Section 3103 of the Andean Trade Promotion and Drug 
                Eradication Act (Title XXXI of the Trade Act of 2002, 
                Public Law 107-210) (ATPDEA) amended section 203(e)(1) 
                of the ATPA (19 U.S.C. 3202(e)(1)) by adding a new 
                subparagraph (B)(i) authorizing the President to 
                withdraw or suspend the designation of any country as a 
                beneficiary country for purposes of the ATPDEA if, 
                after such designation, the President determines that, 
                as a result of changed circumstances, the performance 
                of such country is not satisfactory under the 
                eligibility criteria set forth in section 204(b)(6)(B) 
                of the ATPA, as amended (19 U.S.C. 3203(b)(6)(B)).

                 11. Section 203(e)(2)(A) of the ATPA, as amended (19 
                U.S.C. 3202(e)(2)(A)) requires the President to publish 
                notice of the action he proposes to take at least 30 
                days before taking action under section 203(e)(1) (19 
                U.S.C. 3202(e)(1)).

                 12. On October 1, 2008, the USTR, at my direction, 
                published a notice in the Federal Register (73 FR 
                57158) announcing that I proposed to suspend the 
                designation of Bolivia as a beneficiary country for 
                purposes of the ATPA and the ATPDEA based on Bolivia's 
                failure to satisfy the eligibility criteria set forth 
                in section 203(d)(11) and section 204(b)(6)(B)(v) of 
                the ATPA, as amended (19 U.S.C. 3202(d)(11), 
                3203(b)(6)(B)(v)).

                 13. I have determined that Bolivia no longer satisfies 
                the eligibility criterion in section 203(d)(11) of the 
                ATPA, as amended. Therefore, pursuant to section 
                203(e)(1)(A)(i) of the ATPA, I have determined that, as 
                a result of this changed circumstance, Bolivia's 
                designation as an ATPA beneficiary country should be 
                suspended.

                 14. I have determined that Bolivia is no longer 
                performing satisfactorily under the eligibility 
                criterion in section 204(b)(6)(B)(v) of the ATPA, as 
                amended. Therefore, pursuant to section 203(e)(1)(B)(i) 
                of the ATPA, I have determined that, as a result of 
                this changed circumstance, Bolivia's designation as an 
                ATPDEA beneficiary country should be suspended.

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

                 16. 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 country 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)).

                 17. The United States and Canada have agreed to modify 
                certain NAFTA rules of origin and to apply the modified 
                rules to their bilateral trade. It is therefore 
                necessary to modify the NAFTA rules of origin set out 
                in Proclamation 6641.

                 18. Section 1230 of the Tax Relief and Health Care Act 
                of 2006 (Public Law 109-432) temporarily modified the 
                rate of duty on triphenyl phosphine. Modifications to 
                the HTS are necessary to provide the intended tariff 
                treatment.

[[Page 72679]]

                19. Presidential Proclamation 7011 of June 30, 1997, 
                implemented the World Trade Organization Ministerial 
                Declaration on Trade in Information Technology Products 
                for the United States. Annex 1 to that proclamation 
                failed to include certain products. Technical 
                corrections and conforming changes to the HTS are 
                necessary to provide the intended tariff treatment for 
                those products.

                 20. Section 604 of the Trade Act of 1974, as amended 
                (19 U.S.C. 2483) (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 404 of the 
                CAFTA-DR Act, as amended, section 104 of the AGOA, 
                section 202 of the NAFTA Implementation Act, section 
                203 of the ATPA, as amended, 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 
                eligible articles provided for in section 404 of the 
                CAFTA-DR Act, as added by Public Law 110-436, the HTS 
                is modified as set forth in Annex A to this 
                proclamation.

                 (2) In order to reflect changes to the tariff 
                treatment for certain apparel products under the AGOA, 
                U.S. note 5 to subchapter XIX of chapter 98 of the HTS, 
                subheadings 9819.15.10 through 9819.15.42, inclusive, 
                and the superior text thereto are deleted from the HTS, 
                effective with respect to articles entered, or 
                withdrawn from warehouse for consumption, on or after 
                October 31, 2008.

                (3) For purposes of section 112(c) of the AGOA, as 
                amended, Mauritius is included as a lesser developed 
                beneficiary sub-Saharan African country effective with 
                respect to articles entered, or withdrawn from 
                warehouse for consumption, on or after October 31, 
                2008.

                 (4) The designation of Bolivia as a beneficiary 
                country for purposes of the ATPA and ATPDEA is 
                suspended effective on December 15, 2008. Accordingly, 
                effective on that date, general note 11(a) to the HTS 
                is modified by deleting ``Bolivia'' from the list of 
                ATPA beneficiary countries. Further, general note 11(d) 
                to the HTS is modified by deleting ``Bolivia'' from the 
                list of ATPDEA beneficiary countries. In addition, U.S. 
                note 1 to subchapter XXII of chapter 98 of the HTS is 
                modified by removing ``Bolivia'' from the list of 
                ATPDEA beneficiary countries.

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

                (6) (a) The modifications to the HTS set forth in Annex 
                A 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 A.

                     (b) The modifications to the HTS set forth in 
                Annex B to this proclamation shall enter into effect on 
                the date that the USTR announces in a notice published 
                in the Federal Register that Canada has completed its 
                applicable domestic procedures to give effect to 
                corresponding modifications to be applied to goods of 
                the United States and shall be effective with respect 
                to goods of Canada entered, or withdrawn from warehouse 
                for consumption, on or after the date indicated in the 
                notice.

                (7) In order to provide the intended tariff treatment 
                to triphenyl phosphine and to correct the error 
                identified in paragraph 19, the HTS is modified as 
                provided in Annex C to this proclamation.

                (8) The modifications to the HTS made in Annex C to 
                this proclamation shall be effective with respect to 
                articles entered, or withdrawn from warehouse for 
                consumption, on or after the date set out in that 
                Annex.

                (9) The USTR shall notify the Congress of this 
                proclamation and my certification as provided in 
                section 404(e) of the CAFTA-DR Act, as amended.

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                (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 
                twenty-fifth day of November, 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.
                
                

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                    (Presidential Sig.)

[FR Doc. E8-28537
Filed 11-26-08; 11:15 am]
Billing code 7020-02-C