[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

Proclamation 7748 of December 30, 2003


 
To Take Certain Actions Under the African Growth and
Opportunity Act, and for Other Purposes


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(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) 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 State of Eritrea (Eritrea) and the Central African Republic 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) 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,
effective on January 1 of the year following the year in which such
determination is made.
6. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Republic of Angola (Angola) meets
the eligibility requirements set forth or referenced therein, and

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118 STAT. 4094

I have decided to designate Angola as an eligible sub-Saharan African
country and as a beneficiary sub-Saharan African country.
7. Angola satisfies the criterion for treatment as a ``lesser developed
beneficiary sub-Saharan African country'' under section 112(b)(3)(B) of
the AGOA.
8. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined
that Eritrea and the Central African Republic 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 designation
of Eritrea and the Central African Republic as beneficiary sub-Saharan
African countries for purposes of section 506A of the 1974 Act,
effective on January 1, 2004.
9. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President
to embody in the Harmonized Tariff Schedule of the United States (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.
10. Section 203(e)(2)(A) of the Andean Trade Preference Act, as amended
(ATPA) (19 U.S.C. 3202(e)(2)(A)), requires the President to publish in
the Federal Register notice of any action he proposes to take under
section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) at least 30 days
before taking the action. Section 212(e)(2)(A) of the Caribbean Basin
Economic Recovery Act, as amended (CBERA) (19 U.S.C. 2702(e)(2)(A)),
requires the President to publish in the Federal Register notice of any
action he proposes to take under section 212(e)(1) of the CBERA (19
U.S.C. 2702(e)(1)) at least 30 days before taking the action.
Proclamation 7616 of October 31, 2002, provided for the assignment of a
publication function under these sections to the United States Trade
Representative (USTR), but did not precisely specify the function
assigned.
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 sections 506A and
604 of the 1974 Act, section 104 of the AGOA, and section 301 of title
3, United States Code, do proclaim that:
(1) Angola 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 ``Republic of
Angola.''
(3) For purposes of section 112(b)(3)(B) of the AGOA, Angola is a
lesser developed beneficiary sub-Saharan African country.
(4) The designation of Eritrea and the Central African Republic as
beneficiary sub-Saharan African countries for purposes of section 506A
of the 1974 Act is terminated, effective on January 1, 2004.
(5) In order to reflect in the HTS that beginning January 1, 2004,
Eritrea and the Central African Republic shall no longer be designated
as beneficiary sub-Saharan African countries, general note 16(a) to the
HTS is modified by deleting ``State of Eritrea'' and ``Central African
Republic'' from the list of beneficiary sub-Saharan African countries.
Fur

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118 STAT. 4095

ther, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified
by deleting ``State of Eritrea'' and ``Central African Republic'' from
the list of lesser developed beneficiary sub-Saharan African countries.
(6) The modification to the HTS made by this proclamation shall be
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after January 1, 2004.
(7) In order to assign to the USTR the publication function set
forth in section 203(e)(2)(A) of the ATPA and section 212(e)(2)(A) of
the CBERA, paragraph (3) of Proclamation 7616 of October 31, 2002, is
revised by deleting the phrase ``of this proclamation'' and inserting in
lieu thereof the phrase ``of an action he proposes to take.''
(8) Any provisions of previous proclamations and Executive Orders
that are inconsistent with this proclamation are superseded to the
extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
December, in the year of our Lord two thousand three, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
PROCLAMATION 7749--JAN. 9, 2004