[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Presidential Documents]
[Pages 69229-69230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31097]

 
                         Presidential Documents 
 
 

  Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / 
Presidential Documents  

[[Page 69229]]


                Proclamation 8468 of December 23, 2009

                
To Take Certain Actions Under the African Growth 
                and Opportunity Act

                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 added in section 6002 
                of the Africa Investment Incentive Act of 2006 
                (Division D, title VI of 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. In Proclamation 7350 of October 2, 2000, President 
                Clinton designated the Republic of Guinea (Guinea), the 
                Republic of Madagascar (Madagascar), and the Republic 
                of Niger (Niger) as beneficiary sub-Saharan African 
                countries pursuant to section 506A(a) of the 1974 Act 
                and provided that they would be considered lesser 
                developed beneficiary sub-Saharan African countries for 
                purposes of section 112(b)(3)(B) (subsequently 
                redesignated as section 112(c)) of the AGOA.

                5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 
                2466a(a)(3)) authorizes the President to terminate the 
                designation of a country as a beneficiary sub-Saharan 
                African country for purposes of section 506A if he 
                determines that the country is not making continual 
                progress in meeting the requirements described in 
                section 506A(a)(1) of the 1974 Act.

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

                7. Mauritania satisfies the criterion for treatment as 
                a ``lesser developed beneficiary sub-Saharan African 
                country'' under section 112(c) of the AGOA.

                8. Pursuant to section 506A(a)(3) of the 1974 Act, I 
                have determined that Guinea, Madagascar, and Niger are 
                not making continual progress in meeting the 
                requirements described in section 506A(a)(1) of the 
                1974 Act. Accordingly, I have decided to terminate the 
                designations of Guinea, Madagascar, and Niger as 
                beneficiary sub-Saharan African countries for purposes 
                of section 506A of the 1974 Act, effective on January 
                1, 2010.

                9. Section 604 of the 1974 Act (19 U.S.C. 2483), as 
                amended, authorizes the President to embody in the 
                Harmonized Tariff Schedule of the United

[[Page 69230]]

                States (HTS) the substance of relevant provisions of 
                that Act, or other acts affecting import treatment, and 
                actions taken thereunder.

                NOW, THEREFORE, I, BARACK OBAMA, 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 (19 U.S.C. 3703), and title V 
                and section 604 of the 1974 Act (19 U.S.C. 2461-67, 
                2483), do proclaim that:

                (1) Mauritania is designated as an eligible sub-Saharan 
                African country and as a beneficiary sub-Saharan 
                African country.

                (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 ``Islamic Republic of 
                Mauritania.''

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

                (4) The designations of Guinea, Madagascar, and Niger 
                as beneficiary sub-Saharan African countries for 
                purposes of section 506A of the 1974 Act are 
                terminated, effective on January 1, 2010.

                (5) In order to reflect in the HTS that beginning on 
                January 1, 2010, Guinea, Madagascar, and Niger shall no 
                longer be designated as beneficiary sub-Saharan African 
                countries, general note 16(a) to the HTS is modified by 
                deleting ``Republic of Guinea,'' ``Republic of 
                Madagascar,'' and ``Republic of Niger'' from the list 
                of beneficiary sub-Saharan African countries.

                Further, note 2(d) to subchapter XIX of chapter 98 of 
                the HTS is modified by deleting ``Republic of Guinea,'' 
                ``Republic of Madagascar,'' and ``Republic of Niger'' 
                from the list of lesser developed beneficiary sub-
                Saharan African countries.

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

[FR Doc. E9-31097
Filed 12-29-09; 8:45 am]
Billing code 3195-W0-P