    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 7689 of June 30, 2003

    To Modify Duty-Free Treatment Under the Generalized System of
    Preferences

    By the President of the United States of America
    A Proclamation

    1. Pursuant to sections 501, 503(a)(1)(A), and 503(c)(1) of title V of
    the Trade Act of 1974, as amended (the ``1974 Act'') (19 U.S.C. 2461,
    2463(a)(1)(A), and 2463(c)(1)), the President may designate or withdraw
    designation of specified articles provided for in the Harmonized Tariff
    Schedule of the United States (HTS) as eligible for preferential tariff
    treatment under the Generalized System of Preferences (GSP) when
    imported from designated beneficiary developing countries.
    2. Pursuant to section 503(a)(1)(B) of the 1974 Act (19 U.S.C.
    2463(a)(1)(B)), the President may designate articles as eligible
    articles only for countries designated as least-developed beneficiary
    developing countries under section 502(a)(2) (19 U.S.C. 2462(a)(2)), if
    the President determines that such articles are not import-sensitive in
    the context of imports from such least-developed beneficiary developing
    countries.
    3. Pursuant to section 503(c)(2)(A) of 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 pursuant to 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 GSP to eligible articles.
    4. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C)),
    provides that a country that is no longer treated as a beneficiary
    developing country with respect to an eligible article may be
    redesignated as a beneficiary developing country with respect to such
    article if imports of such article from such country did not exceed the
    competitive need limitations in section 503(c)(2)(A) during the
    preceding calendar year.
    5. Section 503(c)(2)(F) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)),
    provides that the President may disregard the competitive need
    limitation provided in section 503(c)(2)(A)(i)(II) (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) (19 U.S.C. 2463(c)(2)(F)(ii)).
    6. Pursuant to section 503(d) of the 1974 Act (19 U.S.C. 2463(d)), the
    President may waive the application of the competitive need limitations
    in section 503(c)(2)(A) with respect to any eligible article from any
    beneficiary developing country if certain conditions are met.
    7. (a) Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act, and
    after receiving advice from the International Trade Commission in
    accordance with section 503(e) (19 U.S.C. 2463(e)), I have determined to
    designate certain articles, previously designated under section
    503(a)(1)(B), as eligible articles when imported from any beneficiary

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    117 STAT. 3059

    developing country. In order to do so, it is necessary to subdivide and
    amend the nomenclature of existing subheadings of the HTS.
    (b) Furthermore, I have determined that it is appropriate to modify the
    application of duty-free treatment under title V of the 1974 Act for a
    certain article, in particular for a good previously eligible for such
    treatment that the Bureau of Customs and Border Protection reclassified.
    8. Pursuant to section 503(a)(1)(B) of the 1974 Act, I have determined
    to designate certain articles as eligible articles under the GSP only
    for least-developed beneficiary developing countries.
    9. Pursuant to section 503(c)(1) of the 1974 Act, and having considered
    the factors set forth in sections 501 and 502(c), I have determined to
    limit the application of duty-free treatment accorded to certain
    articles from certain beneficiary developing countries.
    10. Pursuant to sections 503(c)(1) and 503(c)(2)(A) of the 1974 Act, I
    have determined that certain beneficiary countries should no longer
    receive preferential tariff treatment under the GSP with respect to
    certain eligible articles that were imported in quantities exceeding the
    applicable competitive need limitation in 2002.
    11. Pursuant to section 503(c)(2)(C) of the 1974 Act, I have determined
    that certain countries should be redesignated as beneficiary developing
    countries with respect to certain eligible articles that previously had
    been imported in quantities exceeding the competitive need limitations
    of section 503(c)(2)(A).
    12. 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) should be waived with respect to certain eligible
    articles from certain beneficiary developing countries.
    13. Pursuant to section 503(d) of the 1974 Act, I have determined that
    the competitive need limitations of section 503(c)(2)(A) should be
    waived with respect to certain eligible articles from certain
    beneficiary developing countries. I have received the advice of the
    International Trade Commission on whether any industries in the United
    States are likely to be adversely affected by such waiver, and I have
    determined, based on that advice and on the considerations described in
    sections 501 and 502(c), that such waivers are in the national economic
    interest of the United States.
    14. Section 604 of the 1974 Act, as amended (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 of America, including but not limited to
    title V and section 604 of the 1974 Act, do proclaim that:
    (1) In order to provide that one or more countries that have not
    been treated as beneficiary developing countries with respect to one or
    more eligible articles should be redesignated as beneficiary developing
    countries with respect to such article or articles for purposes of the
    GSP, and, in order to provide that one or more countries should no
    longer

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    117 STAT. 3060

    be treated as a beneficiary developing country with respect to one or
    more eligible articles for purposes of the GSP, general note 4(d) to the
    HTS is modified as provided in section A of Annex I to this
    proclamation.
    (2) In order to designate certain articles as eligible articles for
    purposes of the GSP, the HTS is modified by amending and sub-dividing
    the nomenclature of certain existing HTS subheadings as provided in
    section B of Annex I to this proclamation.
    (3)(a) In order to designate certain articles as eligible articles
    for purposes of the GSP when imported from any beneficiary developing
    country, the Rates of Duty 1-Special subcolumn for such HTS subheadings
    is modified as provided in section C(1) of Annex I to this proclamation.
    (b) In order to designate certain articles as eligible articles for
    purposes of the GSP when imported from any beneficiary developing
    country other than India, the Rates of Duty 1-Special subcolumn for such
    HTS subheadings is modified as provided for in section C(2) of Annex I
    to this proclamation.
    (c) In order to designate certain articles as eligible articles for
    purposes of the GSP when imported from any least- developed beneficiary
    developing country, the Rates of Duty 1-Special subcolumn for such HTS
    subheadings is modified as provided in section C(3) of Annex I to this
    proclamation.
    (d) In order to provide preferential tariff treatment under the GSP to a
    beneficiary developing country that has been excluded from the benefits
    of the GSP for certain eligible articles, the Rates of Duty 1-Special
    subcolumn for such HTS subheadings is modified as provided for in
    section C(4) of Annex I to this proclamation.
    (e) In order to provide that one or more countries should not be treated
    as a beneficiary developing country 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 provided for in section C(5) of
    Annex I to this proclamation.
    (4) A waiver of the application of section 503(c)(2)(A)(i)(II) of
    the 1974 Act shall apply 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 subheading and to
    the beneficiary developing countries set forth in Annex III to this
    proclamation.
    (6) Any provisions of previous proclamations or Executive orders
    that are inconsistent with the actions taken in this proclamation are
    superseded to the extent of such inconsistency.
    (7)(a) The modifications made by Annex I to this proclamation shall
    be effective with respect to articles entered, or withdrawn from
    warehouse for consumption, on or after July 1, 2003.
    (b) The actions taken in Annex II to this proclamation shall be
    effective on July 1, 2003.

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    (c) The actions taken in Annex III to this proclamation shall be
    effective on the date of publication of this proclamation in the Federal
    Register.
    IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
    June, in the year of our Lord two thousand three, and of the
    Independence of the United States of America the two hundred and twenty-
    seventh.
    GEORGE W. BUSH

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