[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8039--JULY 27, 2006
Proclamation 8039 of July 27, 2006
To Implement the United States-Bahrain Free Trade Agreement, and for
Other Purposes
By the President of the United States of America
A Proclamation
1. On September 14, 2004, the United States entered into the United
States-Bahrain Free Trade Agreement (USBFTA). The USBFTA was approved by
the Congress in section 101(a) of the United States-Bahrain Free Trade
Agreement Implementation Act (the ``USBFTA Implementation Act'') (Public
Law 109-169, 119 Stat. 3581) (19 U.S.C. 3805 note).
2. Section 105(a) of the USBFTA Implementation Act authorizes the
President to establish or designate within the Department of Commerce an
office that shall be responsible for providing administrative assistance
to panels established under Chapter 19 of the USBFTA.
3. Section 201 of the USBFTA Implementation Act authorizes the President
to proclaim such modifications or continuation of any duty, such
continuation of duty-free or excise treatment, or such additional
duties, as the President determines to be necessary or appropriate to

[[Page 3865]]
120 STAT. 3865

carry out or apply Articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and the
schedule of reductions with respect to Bahrain set forth in Annex 2-B of
the USBFTA.
4. Consistent with section 201(a)(2) of the USBFTA Implementation Act,
Bahrain is to be removed from the enumeration of designated beneficiary
developing countries eligible for the benefits of the Generalized System
of Preferences (GSP). Further, consistent with section 604 of the Trade
Act of 1974 (the ``1974 Act'') (19 U.S.C. 2483), as amended, I have
determined that other technical and conforming changes to the Harmonized
Tariff Schedule of the United States (HTS) are necessary to reflect that
Bahrain is no longer eligible to receive benefits of the GSP.
5. Section 202 of the USBFTA Implementation Act provides certain rules
for determining whether a good is an originating good for the purpose of
implementing preferential tariff treatment under the USBFTA. I have
decided that it is necessary to include these rules of origin, together
with particular rules applicable to certain other goods, in the HTS.
6. Section 204 of the USBFTA Implementation Act authorizes the President
to take certain enforcement actions relating to trade with Bahrain in
textile and apparel goods.
7. Sections 321-328 of the USBFTA Implementation Act authorize the
President to take certain actions in response to a request by an
interested party for relief from serious damage or actual threat thereof
to a domestic industry producing certain textile or apparel articles.
8. Executive Order 11651 of March 3, 1972, as amended, establishes the
Committee for the Implementation of Textile Agreements (CITA) to
supervise the implementation of textile trade agreements.
9. Presidential Proclamation 7747 of December 30, 2003, implemented the
United States-Singapore Free Trade Agreement (the ``USSFTA'') with
respect to the United States and, pursuant to the United States-
Singapore Free Trade Agreement Implementation Act (the ``USSFTA
Implementation Act'') (Public Law 108-78, 117 Stat. 948) (19 U.S.C. 3805
note), incorporated in the HTS the tariff modifications and rules of
origin necessary or appropriate to carry out the USSFTA.
10. Section 202 of the USSFTA Implementation Act provides rules for
determining whether goods imported into the United States originate in
the territory of a USSFTA party and thus are eligible for the tariff and
other treatment contemplated under the USSFTA. Section 202(o) of the
USSFTA Implementation Act authorizes the President to proclaim, as a
part of the HTS, the rules of origin set out in the USSFTA and to
proclaim modifications to such previously proclaimed rules of origin,
subject to the consultation and layover requirements of section 103(a)
of the USSFTA Implementation Act.
11. The United States and Singapore have agreed to modifications to
certain USSFTA rules of origin. Modifications to the USSFTA rules of
origin set out in Proclamation 7747 are therefore necessary.
12. Section 604 of the 1974 Act, as amended, authorizes the President to
embody in the HTS the substance of relevant provisions of that Act, or
other Acts affecting import treatment, and of actions taken there

[[Page 3866]]
120 STAT. 3866

under, 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
section 604 of the 1974 Act; sections 105(a), 201, 202, 204, and 321-328
of the USBFTA Implementation Act; section 202 of the USSFTA
Implementation Act; and section 301 of title 3, United States Code, do
hereby proclaim:
(1) In order to provide generally for the preferential tariff treatment
being accorded under the USBFTA, to set forth rules for determining
whether goods imported into the customs territory of the United States
are eligible for preferential tariff treatment under the USBFTA, to
provide certain other treatment to originating goods for the purposes of
the USBFTA, to provide tariff-rate quotas with respect to certain
originating goods, to reflect Bahrain's removal from the enumeration of
designated beneficiary developing countries for purposes of the GSP, and
to make technical and conforming changes in the general notes to the
HTS, the HTS is modified as set forth in Annex I of Publication 3830 of
the United States International Trade Commission, entitled,
Modifications to the Harmonized Tariff Schedule of the United States to
Implement the United States-Bahrain Free Trade Agreement (Publication
3830), which is incorporated by reference into this proclamation.
(2) In order to implement the initial stage of duty elimination provided
for in the USBFTA and to provide for future staged reductions in duties
for products of Bahrain for purposes of the USBFTA, the HTS is modified
as provided in Annex II of Publication 3830, effective on the dates
specified in the relevant sections of such publication and on any
subsequent dates set forth for such duty reductions in that publication.
(3) The Secretary of Commerce is authorized to exercise my authority
under section 105(a) of the USBFTA Implementation Act to establish or
designate an office within the Department of Commerce to carry out the
functions set forth in that section.
(4) The amendments to the HTS made by paragraphs (1) and (2) of this
proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the relevant dates
indicated in Annex II to Publication 3830.
(5) The CITA is authorized to exercise my authority under section 204 of
the USBFTA Implementation Act to exclude textile and apparel goods from
the customs territory of the United States; to determine whether an
enterprise's production of, and capability to produce, goods are
consistent with statements by the enterprise; to find that an enterprise
has knowingly or willfully engaged in circumvention; and to deny
preferential tariff treatment to textile and apparel goods.
(6) The CITA is authorized to exercise my authority under subtitle B of
title III of the USBFTA Implementation Act to review requests, and to
determine whether to commence consideration of such requests; to cause
to be published in the Federal Register a notice of commencement of
consideration of a request and notice seeking public comment; to
determine whether imports of a Bahraini textile or apparel article are
causing serious damage, or actual threat thereof, to a domestic industry
producing an article that is like, or directly competitive with,

[[Page 3867]]
120 STAT. 3867

the imported article; and to provide relief from imports of an article
that is the subject of such a determination.
(7) In order to modify the rules of origin under the USSFTA, general
note 25 to the HTS is modified as provided in Annex I to this
proclamation.
(8) The modifications made by Annex I to this proclamation shall be
effective with respect to goods of Singapore that are entered, or
withdrawn from warehouse for consumption, on or after August 1, 2006.
(9) In order to make technical corrections to the HTS, the HTS is
modified as provided in Annex II to this proclamation.
(10) The modifications made by Annex II to this proclamation shall be
effective with respect to articles entered, or withdrawn for
consumption, on or after the dates provided in that Annex.
(11) All provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of July, in the year of our Lord two thousand six, and of the
Independence of the United States of America the two hundred and thirty-
first.
GEORGE W. BUSH

[[Page 3868]]
120 STAT. 3868


GRAPHIC TIF30 TD01AU06.012


[[Page 3869]]
120 STAT. 3869



GRAPHIC TIF31 TD01AU06.013