[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 7858--DEC. 21, 2004
Proclamation 7858 of December 21, 2004
To Take Certain Actions Under the African Growth and Opportunity Act
By the President of the United States of America
A Proclamation
1. In Proclamation 7561 of May 16, 2002, I designated the Republic of
Cote d'Ivoire as a beneficiary sub-Saharan African country pursuant to
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)). I also provided that Cote d'Ivoire would be considered a lesser
developed beneficiary sub-Saharan African country for purposes of
section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)).
2. In Proclamation 7350 of October 2, 2000, President Clinton delegated
to the United States Trade Representative (USTR) the authority to
perform the function specified in section 113(b)(1)(B) of the AGOA (19
U.S.C. 3722(b)(1)(B)). In a Federal Register notice dated December 17,
2003, the USTR determined that Cote d'Ivoire had adopted an effective
visa system and related procedures to prevent unlawful transshipment and
the use of counterfeit documents and that Cote d'Ivoire had implemented
and followed, or was making substantial progress toward implementing and
following, certain customs procedures that assist the United States
Customs Service in verifying the origin of the products.

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119 STAT. 3692

3. 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.
4. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined
that Cote d'Ivoire is 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 Cote
d'Ivoire as a beneficiary sub-Saharan African country for purposes of
section 506A of the 1974 Act, effective on January 1, 2005.
5. 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.
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, including sections 506A and 604 of the
1974 Act and section 301 of title 3, United States Code, do proclaim
that:
(1) The designation of Cote d'Ivoire as a beneficiary sub-Saharan
African country for purposes of section 506A of the 1974 Act is
terminated, effective on January 1, 2005.
(2) In order to reflect in the HTS that beginning January 1, 2005, Cote
d'Ivoire shall no longer be designated as a beneficiary sub-Saharan
African country, general note 16(a) to the HTS is modified by deleting
``Republic of Cote d'Ivoire''; from the list of beneficiary sub-Saharan
African countries. Further, U.S. note 2(d) to subchapter XIX of chapter
98 is modified by removing ``Cote d'Ivoire''; from the list of lesser
developed beneficiary sub-Saharan African countries, and U.S. note 7(a)
to subchapter II and U.S. note 1 to subchapter XIX of chapter 98 of the
HTS are modified by deleting ``Cote d'Ivoire''; from the list of
beneficiary sub-Saharan African countries eligible for certain textile
and apparel benefits.
(3) 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, 2005.
(4) 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 twenty-first day of
December, 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