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

Proclamation 7808 of September 7, 2004


 
To Modify the Generalized System of Preferences, and For Other Purposes


By the President of the United States of America

A Proclamation

1. Pursuant to sections 501 and 502(a)(1) of Title V of the Trade Act of
1974, as amended (the ``1974 Act'';) (19 U.S.C. 2461, 2462(a)(1)), the
President is authorized to designate countries as beneficiary developing
countries for purposes of the Generalized System of Preferences (GSP).
2. 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) (19 U.S.C. 2463(c)(2)(A)) with respect to any
eligible article from any beneficiary developing country if certain
conditions are met.

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3. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C. 2463(d)(5)),
any waiver granted under section 503(d) shall remain in effect until the
President determines that such waiver is no longer warranted due to
changed circumstances.
4. Section 7(a) of the AGOA Acceleration Act of 2004 (Public Law 108-
274) (``AGOA Acceleration Act'';) amended section 506A of the GSP (19
U.S.C. 2466a) to provide certain benefits to any country designated as a
beneficiary sub-Saharan African country under section 506A(a) of the GSP
that becomes a party to a free trade agreement with the United States,
and amended section 506B of the GSP (19 U.S.C. 2466b) to extend the
period during which preferential treatment may be accorded to such
countries.
5. Section 7(b) through (f) of the AGOA Acceleration Act amended section
112 of the African Growth and Opportunity Act (Title I of the Trade and
Development Act of 2000, Public Law 106-200) (AGOA) (19 U.S.C. 3721) to
modify the type and quantity of textile and apparel articles eligible
for the preferential treatment now accorded to designated beneficiary
sub-Saharan African countries, and to provide certain benefits to any
such country that becomes a party to a free trade agreement with the
United States.
6. On December 17, 1992, the Governments of Canada, Mexico, and the
United States entered into the North American Free Trade Agreement
(NAFTA). The Congress approved the NAFTA in section 101(a) of the North
American Free Trade Agreement Implementation Act (the ``NAFTA
Implementation Act'';) (19 U.S.C. 3311(a)), and the President
implemented the tariff provisions of the NAFTA with respect to the
United States in Proclamation 6641 of December 15, 1993.
7. Section 201(a) of the NAFTA Implementation Act (19 U.S.C. 3331(a))
authorizes the President to proclaim such duty modifications as the
President may determine to be necessary or appropriate to carry out or
apply, among other provisions, Article 308 and Annex 308.1 of the NAFTA.
8. NAFTA Article 308 and Annex 308.1 provide for each NAFTA Party to
eliminate or reduce normal trade relations (most-favored-nation) rates
of duty on certain automatic data processing machinery and parts, and
set the terms under which such goods shall be considered originating
goods under the NAFTA when imported from the territory of a NAFTA Party.
9. Pursuant to sections 501 and 502(a)(1) of the 1974 Act, and having
due regard for the factors set forth in section 501 of the 1974 Act and
taking into account the factors set forth in section 502(c) of the 1974
Act (19 U.S.C. 2462(c)), I have decided to designate Iraq as a
beneficiary developing country for purposes of the GSP.
10. Pursuant to section 503(d)(5) of the 1974 Act, I have determined
that a previously granted waiver of the competitive need limitations of
section 503(c)(2)(A) is no longer warranted due to changed
circumstances.
11. In order to implement the tariff treatment provided under section 7
of the AGOA Acceleration Act, it is necessary to modify the Harmonized
Tariff Schedule of the United States (HTS).

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12. I have determined that each NAFTA Party has eliminated or reduced
its normal trade relations (most-favored-nation) rates of duty
applicable to the goods enumerated in Table 308.1.1 of NAFTA Annex 308.1
to the levels prescribed in that Table. Annex 308.1 provides for those
goods to be originating goods under the NAFTA when imported from Canada
or Mexico.
13. Pursuant to section 201(a) of the NAFTA Implementation Act, I have
determined that the modifications to the HTS hereinafter proclaimed
concerning goods considered to be originating when imported from the
territory of a NAFTA Party are necessary and appropriate to carry out or
apply Article 308 and Annex 308.1 of the NAFTA.
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 Trade Act, section 112 of the AGOA,
and section 201(a) of the NAFTA Implementation Act, do proclaim that:
(1) Iraq is designated as a beneficiary developing country for
purposes of the GSP, effective 15 days after the date of this
proclamation.
(2) In order to reflect this designation in the HTS, general note
4(a) to the HTS is modified by adding ``Iraq''; to the list entitled
``Independent Countries'';, effective with respect to articles entered,
or withdrawn from warehouse for consumption, on or after 15 days after
the date of this proclamation.
(3) In order to provide that a country no longer be treated as a
beneficiary developing country with respect to an eligible article for
purposes of the GSP, general note 4(d) to the HTS is modified as
provided in section 1 of Annex I.
(4) In order to withdraw preferential tariff treatment under the GSP
for a certain article imported from a certain beneficiary developing
country, the Rates of Duty 1-Special subcolumn for such HTS subheading
is modified as provided for in section 2 of Annex I to this
proclamation.
(5) The waiver of the application of section 503(c)(2)(A) of the
1974 Act to the article in the HTS subheading and to the beneficiary
developing country listed in section 3 of Annex I to this proclamation
is revoked.
(6) In order to provide for the preferential treatment provided for
in section 506A and 506B of the GSP, as amended by section 7(a) of the
AGOA Acceleration Act, and section 112 of the AGOA, as amended by
sections 7(b) through (f) of the AGOA Acceleration Act, the HTS is
modified as provided in Annex II to this proclamation.
(7) In order to implement Article 308 and Annex 308.1 of the NAFTA
for certain automatic data processing machinery and parts imported from
Canada and Mexico, the HTS is modified as provided in Annex III to this
proclamation.

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(8) Any provisions of previous proclamations and Executive Orders
that are inconsistent with this proclamation are superseded to the
extent of such inconsistency.
(9) The modifications made by and action taken in Annex I to this
proclamation shall be effective with respect to eligible articles
entered, or withdrawn from warehouse for consumption, on or after 60
days after the date of this proclamation.
(10) The modifications made by Annex II shall be effective with
respect to eligible articles entered, or withdrawn from warehouse for
consumption, on or after July 13, 2004, except that the modifications
made by section 4(A) relating to increases in the quantity of certain
articles eligible for duty-free treatment shall be effective with
respect to articles entered, or withdrawn from warehouse for
consumption, on or after the dates provided in that section.
(11) The modifications made by Annex III shall be effective with
respect to goods entered, or withdrawn from warehouse for consumption,
on or after January 1, 2003.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH


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PROCLAMATION 7809--SEPT. 10, 2004

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