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

121 STAT. 2698

 
PROCLAMATION 8111--FEB. 28, 2007


Proclamation 8111 of February 28, 2007
To Implement the Dominican Republic-Central America-United States Free
Trade Agreement With Respect to the Dominican Republic and for Other
Purposes
By the President of the United States of America
A Proclamation
1. On August 5, 2004, the United States entered into the Dominican
Republic-Central America-United States Free Trade Agreement (the
``Agreement'';) with Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua (the ``Agreement countries'';). The
Agreement was approved by the Congress in section 101(a) of the
Dominican Republic-Central America-United States Free Trade Agreement
Implementation Act (the ``Act'';) (Public Law 109-53, 119 Stat. 462) (19
U.S.C. 4011 note).
2. Section 201 of the 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 carry out or apply Article
3.3 and Annex 3.3 (including the schedule of United States duty
reductions with respect to originating goods) of the Agreement.
3. Consistent with section 201(a)(2) of the Act, each Agreement country
is to be removed from the enumeration of designated beneficiary
developing countries eligible for the benefits of the Generalized System
of Preferences (GSP) on the date the Agreement enters into force with
respect to that country.
4. Consistent with section 201(a)(3) of the Act, each Agreement country
is to be removed from the enumeration of designated beneficiary
countries under the Caribbean Basin Economic Recovery Act (CBERA) (19
U.S.C. 2701 et seq.) on the date the Agreement enters into force with
respect to that country, subject to the exceptions set out in section
201(a)(3)(B) of the Act.
5. Consistent with section 213(b)(5)(D) of the CBERA, as amended by the
United States-Caribbean Basin Trade Partnership Act (CBTPA) (Public Law
106-200), each Agreement country is to be removed from the enumeration
of designated CBTPA beneficiary countries on the date the Agreement
enters into force with respect to that country.
6. Section 1634(c)(2) of the Pension Protection Act of 2006 (Public Law
109-280) (29 U.S.C. 1001 note) authorizes the President to proclaim a
reduction in the overall limit in the tariff preference level for
Nicaragua provided in Annex 3.28 of the Agreement if the President
determines that Nicaragua has failed to comply with a commitment under
an agreement between the United States and Nicaragua with regard to the
administration of such tariff preference level.
7. Presidential Proclamation 6641 of December 15, 1993, implemented the
North American Free Trade Agreement (NAFTA) with respect to the United
States and, pursuant to the North American Free Trade Agreement
Implementation Act (Public Law 103-182) (the ``NAFTA Implementation
Act'';), incorporated in the Harmonized Tariff Sched

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121 STAT. 2699

ule of the United States (HTS) the tariff modifications and rules of
origin necessary or appropriate to carry out the NAFTA.
8. Section 202 of the NAFTA Implementation Act (19 U.S.C. 3332) provides
rules for determining whether goods imported into the United States
originate in the territory of a NAFTA party and thus are eligible for
the tariff and other treatment contemplated under the NAFTA. Section
202(q) of the NAFTA Implementation Act (19 U.S.C. 3332(q)) authorizes
the President to proclaim, as a part of the HTS, the rules of origin set
out in the NAFTA and to proclaim modifications to such previously
proclaimed rules of origin, subject to the consultation and layover
requirements of section 103(a) of the NAFTA Implementation Act (19
U.S.C. 3313(a)).
9. The United States and Mexico have agreed to modify certain NAFTA
rules of origin. It is therefore necessary to modify the NAFTA rules of
origin set out in Proclamation 6641.
10. Executive Order 11651 of March 3, 1972, as amended, established the
Committee for the Implementation of Textile Agreements (CITA),
consisting of representatives of the Departments of State, the Treasury,
Commerce, and Labor, and the Office of the United States Trade
Representative, with the representative of the Department of Commerce as
Chairman, to supervise the implementation of textile trade agreements.
Consistent with 3 U.S.C. 301, when carrying out functions vested in the
President by statute and assigned by the President to CITA, the
officials collectively exercising those functions are all to be officers
required to be appointed by the President with the advice and consent of
the Senate.
11. Section 604 of the Trade Act of 1974 (the ``1974 Act'';) (19 U.S.C.
2483), 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 thereunder.


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 201 of the Act, section 1634(c)(2) of the Pension Protection Act
of 2006, section 202 of the NAFTA Implementation Act, section 301 of
title 3, United States Code, and section 604 of the 1974 Act, and the
Act having taken effect pursuant to section 107(a), do proclaim that:
(1) In order to provide generally for the preferential tariff treatment
being accorded under the Agreement to the Dominican Republic, to provide
certain other treatment to originating goods for the purposes of the
Agreement, to provide tariff-rate quotas with respect to certain goods,
to reflect the removal of the Dominican Republic from the enumeration of
designated beneficiary developing countries for purposes of the GSP, to
reflect the removal of the Dominican Republic from the enumeration of
designated beneficiary countries for purposes of the CBERA and the
CBTPA, and to make technical and conforming changes in the general notes
to the HTS, the HTS is modified as set forth in Annexes I and II of
Publication 3901 of the United States International Trade Commission,
entitled Modifications to the Harmonized Tariff Schedule of the United
States to Implement the Dominican Republic-Central America-United States
Free Trade Agreement With Re

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121 STAT. 2700

spect to the Dominican Republic (Publication 3901), which is
incorporated by reference into this proclamation.
(2) The CITA is authorized to exercise the function of the President
under section 1634(c)(2) of the Pension Protection Act of 2006 of
determining whether Nicaragua has failed to comply with a commitment
under an agreement between the United States and Nicaragua with regard
to the administration of the tariff preference level for Nicaragua
provided in Annex 3.28 of the Agreement and, on making such a
determination, to reduce the overall limit in the tariff preference
level for Nicaragua provided in Annex 3.28 of the Agreement.
(3) In order to modify the rules of origin under the NAFTA, general note
12 to the HTS is modified as set forth in the Annex to this
proclamation.
(4)(a) The amendments to the HTS made by paragraph (1) 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 I or II of Publication 3901.
(b) The amendments to the HTS made by paragraph (3) of this proclamation
shall enter into effect on the date that the United States Trade
Representative announces in the Federal Register that Mexico has
completed its applicable domestic procedures to give effect to
corresponding modifications to be applied to goods of the United States
and shall, at that time, be effective with respect to goods of Mexico
entered, or withdrawn from warehouse for consumption, on or after the
date indicated in the Annex to this proclamation.
(c) Except as provided in paragraphs (4)(a) and (b) of this
proclamation, this proclamation shall be effective with respect to goods
entered, or withdrawn from warehouse for consumption, on or after March
1, 2007.
(5) 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-eighth day
of February, in the year of our Lord two thousand seven, and of the
Independence of the United States of America the two hundred and thirty-
first.
GEORGE W. BUSH


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121 STAT. 2701

GRAPHIC TIF20 TD06MR07.000