[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8095--DEC. 29, 2006

Proclamation 8095 of December 29, 2006
To Eliminate Tariffs on Certain Pharmaceuticals and Chemical
Intermediates
By the President of the United States of America
A Proclamation
1. During the Uruguay Round of Multilateral Trade Negotiations (the
``Uruguay Round'';), a group of major trading countries agreed to
reciprocal elimination of tariffs on certain pharmaceuticals and
chemical intermediates, and that participants in this agreement would
revise periodically the list of products subject to duty-free treatment.
On December 13, 1996, at the Ministerial Conference of the World Trade
Organization (WTO), the United States and 16 other major trading
countries agreed to eliminate tariffs on additional pharmaceuticals and
chemical intermediates. On April 1, 1997, the United States implemented
this

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agreement in Proclamation 6982. The second revision to the list of
products was negotiated under the auspices of the WTO in 1998. The
United States implemented this revision on July 1, 1999, in Proclamation
7207. In 2006, the United States and 30 other WTO members concluded
negotiations, under the auspices of the WTO, on a further revision to
the list of pharmaceuticals and chemical intermediates to receive duty-
free treatment.
2. Section 111(b) of the Uruguay Round Agreements Act (URAA)(19 U.S.C.
3521(b)) authorizes the President under specified circumstances to
proclaim the modification of any duty or staged rate reduction of any
duty set forth in Schedule XX-United States of America, annexed to the
Marrakesh Protocol to the GATT 1994 (Schedule XX) for products that were
the subject of reciprocal duty elimination negotiations during the
Uruguay Round, if the United States agrees to such action in a
multilateral negotiation under the auspices of the WTO. Section 111(b)
also authorizes the President to proclaim such modifications as are
necessary to correct technical errors in, or make other rectifications
to, Schedule XX.
3. On October 3, 2006, consistent with section 115 of the URAA, the
United States Trade Representative (USTR) submitted a report to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate (the ``Committees'';) that set forth
the proposed further revision to the list of products subject to tariff
eliminations.
4. Section 604 of the Trade Act, as amended (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.
5. Pursuant to section 111(b) of the URAA, I have determined that
Schedule XX should be modified to reflect the implementation by the
United States of the multilateral agreement on certain pharmaceuticals
and chemical intermediates negotiated under the auspices of the WTO. In
addition, I have determined that the pharmaceuticals appendix to the HTS
should be modified to reflect the duty eliminations provided for in that
agreement and to make certain technical corrections in the manner in
which Schedule XX identifies particular products in order to ensure that
they are accorded the intended duty treatment.
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 111(b) of the URAA and section 604 of the 1974 Act, do proclaim
that:
(1) In order to implement the multilateral agreement negotiated under
the auspices of the WTO to eliminate tariffs on certain pharmaceutical
products and chemical intermediates, and to make technical corrections
in the tariff treatment accorded to such products, the HTS is modified
as set forth in the Annex to this proclamation.
(2) Such modifications to the HTS shall be effective with respect to
articles entered, or withdrawn from warehouse for consumption, on or
after the date set forth in the Annex for the respective actions taken.

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(3) Any 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-ninth day of
December, 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

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