[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Presidential Documents]
[Pages 4105-4109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1573]



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Part III





The President





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Proclamation 8341--To Implement The United States-Peru Trade Promotion 
Agreement And for Other Purposes



Executive Order 13488--Granting Reciprocity on Expected Service and 
Federal Contractor Employee Fitness and Reinvestigating Individuals in 
Positions of Public Trust
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                         Presidential Documents 
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  Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 4105]]

                Proclamation 8341 of January 16, 2009

                
To Implement The United States-Peru Trade 
                Promotion Agreement And for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. On April 12, 2006, the United States entered into 
                the United States-Peru Trade Promotion Agreement (the 
                ``Agreement''), and on June 24 and June 25, 2007, the 
                Parties to the Agreement signed a protocol amending the 
                Agreement. Congress approved the Agreement as amended 
                in section 101(a) of the United States-Peru Trade 
                Promotion Agreement Implementation Act (the 
                ``Implementation Act'') (Public Law 110-138, 121 Stat. 
                1455) (19 U.S.C. 3805 note).

                2. Section 105(a) of the Implementation Act authorizes 
                the President to establish or designate within the 
                Department of Commerce an office that shall be 
                responsible for providing administrative assistance to 
                panels established under chapter 21 of the Agreement.

                3. Section 201 of the Implementation Act authorizes the 
                President to proclaim such modifications or 
                continuation of any duty, such continuation of duty-
                free or excise treatment, or such additional duties, as 
                the President determines to be necessary or appropriate 
                to carry out or apply Articles 2.3, 2.5, 2.6, 3.3.13 
                and Annex 2.3 of the Agreement.

                4. Section 201(d) of the Implementation Act authorizes 
                the President to take such action as may be necessary 
                in implementing the tariff-rate quotas set forth in 
                Appendix I to the Schedule of the United States to 
                Annex 2.3 of the Agreement to ensure that imports of 
                agricultural goods do not disrupt the orderly marketing 
                of commodities in the United States.

                5. Consistent with section 201(a)(2) of the 
                Implementation Act, Peru is to be removed from the 
                enumeration of designated beneficiary developing 
                countries eligible for the benefits of the Generalized 
                System of Preferences (GSP) on the date the Agreement 
                enters into force. Further, consistent with section 604 
                of the Trade Act of 1974, as amended (the ``1974 Act'') 
                (19 U.S.C. 2483), I have determined that other 
                technical and conforming changes to the Harmonized 
                Tariff Schedule of the United States (HTS) are 
                necessary to reflect that Peru is no longer eligible to 
                receive the benefits of the GSP.

                6. Section 203 of the Implementation Act sets forth 
                certain rules for determining whether a good is an 
                originating good for the purpose of implementing 
                preferential tariff treatment provided for under the 
                Agreement. I have decided that it is necessary to 
                include these rules of origin, together with particular 
                rules applicable to certain other goods, in the HTS.

                7. Section 203(o) of the Implementation Act authorizes 
                the President to determine that a fabric, yarn, or 
                fiber is or is not available in commercial quantities 
                in a timely manner in the United States and Peru; to 
                establish procedures governing the request for any such 
                determination and ensuring appropriate public 
                participation in any such determination; to add any 
                fabric, yarn, or fiber determined to be not available 
                in commercial quantities in a timely manner in the 
                United States and Peru to the list in Annex 3-B of the 
                Agreement in a restricted or unrestricted quantity; to 
                eliminate a restriction on the quantity of a fabric, 
                yarn, or fiber within 6 months

[[Page 4106]]

                after adding the fabric, yarn, or fiber to the list in 
                Annex 3-B of the Agreement in a restricted quantity; 
                and to restrict the quantity of, or remove from the 
                list in Annex 3-B of the Agreement, certain fabrics, 
                yarns, or fibers.

                8. Section 208 of the Implementation Act authorizes the 
                President to take certain enforcement actions relating 
                to trade with Peru in textile and apparel goods.

                9. Subtitle B of title III of the Implementation Act 
                authorizes 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.

                10. Executive Order 11651 of March 3, 1972, as amended, 
                established the Committee for the Implementation of 
                Textile Agreements (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 section 301 of title 
                3, United States Code, 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.

                11. Presidential Proclamation 7971 of December 22, 
                2005, implemented the United States-Morocco Free Trade 
                Agreement (USMFTA). The proclamation implemented, 
                pursuant to section 201 of the United States-Morocco 
                Free Trade Agreement Implementation Act (the ``USMFTA 
                Act'') (Public Law 108-302, 118 Stat. 1103) (19 U.S.C. 
                3805 note), the staged reductions in rates of duty that 
                I determined to be necessary or appropriate to carry 
                out or apply certain provisions of the USMFTA, 
                including Articles 2.5 and 2.6. The proclamation 
                inadvertently omitted two modifications to the HTS 
                necessary to carry out the provisions of Articles 2.5 
                and 2.6 of the USMFTA. I have determined that technical 
                corrections to the HTS are necessary to provide the 
                intended tariff treatment under Articles 2.5 and 2.6 of 
                the USMFTA.

                12. Presidential Proclamation 8039 of July 27, 2006, 
                implemented the United States-Bahrain Free Trade 
                Agreement (USBFTA). The proclamation implemented, 
                pursuant to section 201 of the United State-Bahrain 
                Free Trade Agreement Implementation Act (the ``USBFTA 
                Act'') (Public Law 109-169, 119 Stat. 3581), the staged 
                reductions in rates of duty that I determined to be 
                necessary or appropriate to carry out or apply certain 
                provisions of the USBFTA, including Articles 2.5 and 
                2.6. The proclamation inadvertently omitted two 
                modifications to the HTS necessary to carry out the 
                provisions of Articles 2.5 and 2.6 of the USBFTA. I 
                have determined that technical corrections to the HTS 
                are necessary to provide the intended tariff treatment 
                under Articles 2.5 and 2.6 of the USBFTA.

                13. Presidential Proclamation 8331 of December 23, 
                2008, implemented the Dominican Republic-Central 
                America-United States Free Trade Agreement (CAFTA-DR) 
                for trade with Costa Rica. The proclamation 
                implemented, pursuant to section 201 of the Dominican 
                Republic-Central America-United States Free Trade 
                Agreement Implementation Act (the ``CAFTA-DR Act'') 
                (Public Law 109-53, 119 Stat. 467) (19 U.S.C. 4031), 
                the duty treatment necessary to carry out or apply 
                Articles 3.3 and 3.27, and Annexes 3.3 (including the 
                schedule of United States duty reductions with respect 
                to originating goods) and 3.27, of the CAFTA-DR. I have 
                determined that technical corrections to the HTS are 
                necessary to provide the intended duty treatment under 
                the CAFTA-DR.

                14. Section 604 of the 1974 Act, 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, including the removal, modification, 
                continuance, or imposition of any rate of duty or other 
                import restriction.

[[Page 4107]]

                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 604 of the 1974 Act; sections 105(a), 201, 203, 
                208, and subtitle B of title III of the Implementation 
                Act; and section 301 of title 3, United States Code, 
                and having made the determination under section 101(b) 
                of the Implementation Act necessary for the exchange of 
                notes, do hereby proclaim: (1) In order to provide 
                generally for the preferential tariff treatment being 
                accorded under the Agreement, to set forth rules for 
                determining whether goods imported into the customs 
                territory of the United States are eligible for 
                preferential tariff treatment under the Agreement, to 
                provide certain other treatment to originating goods of 
                Peru for the purposes of the Agreement, to provide 
                tariff-rate quotas with respect to certain originating 
                goods of Peru, to reflect Peru's removal from the 
                enumeration of designated beneficiary developing 
                countries for purposes of the GSP, and to make 
                technical and conforming changes in the general notes 
                to the HTS, the HTS is modified as set forth in Annex I 
                of Publication 4058 of the United States International 
                Trade Commission, entitled, ``Modifications to the 
                Harmonized Tariff Schedule of the United States to 
                Implement the United States-Peru Trade Promotion 
                Agreement'', which is incorporated by reference into 
                this proclamation.

                (2) In order to implement the initial stage of duty 
                elimination provided for in the Agreement and to 
                provide for future staged reductions in duties for 
                originating goods of Peru for purposes of the 
                Agreement, the HTS is modified as provided in Annex II 
                of Publication 4058, effective on the dates specified 
                in the relevant sections of such publication and on any 
                subsequent dates set forth for such duty reductions in 
                that publication.

                (3) The amendments to the HTS made by paragraphs (1) 
                and (2) of this proclamation shall be effective with 
                respect to goods entered, or withdrawn from warehouse 
                for consumption, on or after the relevant dates 
                indicated in Annex II to Publication 4058.

                (4) The Secretary of Commerce is authorized to exercise 
                my authority under section 105(a) of the Implementation 
                Act to establish or designate an office within the 
                Department of Commerce to carry out the functions set 
                forth in that section.

                (5) The United States Trade Representative (USTR) is 
                authorized to exercise my authority under section 
                201(d) of the Implementation Act to take such action as 
                may be necessary in implementing the tariff-rate quotas 
                set forth in Appendix I to the Schedule of the United 
                States to Annex 2.3 of the Agreement to ensure that 
                imports of agricultural goods do not disrupt the 
                orderly marketing of commodities in the United States. 
                This action is set forth in Annex I of Publication 
                4058.

                (6) The CITA is authorized to exercise my authority 
                under section 203(o) of the Implementation Act to 
                determine that a fabric, yarn, or fiber is or is not 
                available in commercial quantities in a timely manner 
                in the United States and Peru; to establish procedures 
                governing the request for any such determination and 
                ensuring appropriate public participation in any such 
                determination; to add any fabric, yarn, or fiber 
                determined to be not available in commercial quantities 
                in a timely manner in the United States and Peru to the 
                list in Annex 3-B of the Agreement in a restricted or 
                unrestricted quantity; to eliminate a restriction on 
                the quantity of a fabric, yarn, or fiber within 6 
                months after adding the fabric, yarn, or fiber to the 
                list in Annex 3-B of the Agreement in a restricted 
                quantity; and to restrict the quantity of, or remove 
                from the list in Annex 3-B of the Agreement, certain 
                fabrics, yarns, or fibers.

                (7) The CITA is authorized to exercise my authority 
                under section 208 of the Implementation Act to exclude 
                certain textile and apparel goods from the customs 
                territory of the United States; to determine whether an 
                enterprise's production of, and capability to produce, 
                goods are consistent with statements by the enterprise; 
                to find that an enterprise has knowingly

[[Page 4108]]

                or willfully engaged in circumvention; and to deny 
                preferential tariff treatment to textile and apparel 
                goods.

                (8) The CITA is authorized to exercise the functions of 
                the President under subtitle B of title III of the 
                Implementation Act to review requests, and to determine 
                whether to commence consideration of such requests; to 
                cause to be published in the Federal Register a notice 
                of commencement of consideration of a request and 
                notice seeking public comment; to determine whether 
                imports of a Peruvian textile or apparel article are 
                causing serious damage, or actual threat thereof, to a 
                domestic industry producing an article that is like, or 
                directly competitive with, the imported article; and to 
                provide relief from imports of an article that is the 
                subject of such a determination.

                (9) The CITA, after consultation with the Commissioner 
                of Customs (the ``Commissioner''), is authorized to 
                consult with representatives of Peru for the purpose of 
                identifying particular textile or apparel goods of Peru 
                that are mutually agreed to be handloomed fabrics, 
                handmade goods made of such handloomed fabrics, 
                folklore goods, or handmade goods that substantially 
                incorporate a historical or traditional regional design 
                or motif, as provided in Article 3.3.12 of the 
                Agreement. The Commissioner shall take actions as 
                directed by the CITA to carry out any such 
                determination.

                (10) The USTR is authorized to fulfill my obligations 
                under section 104 of the Implementation Act to obtain 
                advice from the appropriate advisory committees and the 
                United States International Trade Commission on the 
                proposed implementation of an action by presidential 
                proclamation; to submit a report on such proposed 
                action to the appropriate congressional committees; and 
                to consult with those congressional committees 
                regarding the proposed action.

                (11) The USTR is authorized to modify U.S. note 29 to 
                subchapter XXII of chapter 98 of the HTS in a notice 
                published in the Federal Register to reflect 
                modifications pursuant to paragraph (6) of this 
                proclamation by the CITA to the list of fabrics, yarns, 
                or fibers in Annex 3-B of the Agreement.

                (12) In order to make technical corrections necessary 
                to provide the intended duty treatment under Articles 
                2.5 and 2.6 of the USMFTA, Articles 2.5 and 2.6 of the 
                USBFTA, and the CAFTA-DR, the HTS is modified as set 
                forth in Annex III of Publication 4058.

                (13) All 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 4109]]

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

[FR Doc. E9-1573
Filed 1-21-09; 2:30 pm]
Billing code 3195-W9-P