[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8240--APR. 17, 2008

Proclamation 8240 of April 17, 2008
To Take Certain Actions Under the African Growth and Opportunity Act and
the Generalized System of Preferences and for Other Purposes
By the President of the United States of America
A Proclamation
1. 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),

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122 STAT. 5296

authorizes the President to designate a country listed in section 107 of
the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-Saharan African
country'' if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA (19 U.S.C.
3703), as well as the eligibility criteria set forth in section 502 of
the 1974 Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an ``eligible sub-Saharan
African country'' if the President determines that the country meets
certain eligibility requirements.
3. Section 112(c) of the AGOA, as amended in section 6002 of the Africa
Investment Incentive Act of 2006 (Division D, Title VI, Public Law 109-
432) (19 U.S.C. 3721(c)), provides special rules for certain apparel
articles imported from ``lesser developed beneficiary sub-Saharan
African countries.''
4. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Republic of Togo (Togo) meets the
eligibility requirements set forth or referenced therein, and I have
decided to designate Togo as an eligible sub-Saharan African country and
as a beneficiary sub-Saharan African country.
5. I further determine that Togo satisfies the criterion for treatment
as a ``lesser developed beneficiary sub-Saharan African country'' under
section 112(c)(5)(D) of the AGOA, as amended.
6. Presidential Proclamation 8114 of March 19, 2007, implemented section
112 of the AGOA, as amended. Technical corrections to the Harmonized
Tariff Schedule of the United States (HTS) are necessary to implement
the intended tariff treatment.
7. Pursuant to sections 501 and 502(a) of the 1974 Act (19 U.S.C. 2461,
2462(a)), the President is authorized to designate countries as
beneficiary developing countries, and to designate any beneficiary
developing country as a least-developed beneficiary developing country,
for purposes of the Generalized System of Preferences (GSP) program.
8. In Executive Order 12302 of April 1, 1981, the President designated
the Solomon Islands as a beneficiary developing country for purposes of
the GSP program. Pursuant to section 502(a)(2) of the 1974 Act, and
having considered the factors set forth in sections 501 and 502(c), I
have determined that the Solomon Islands should be designated as a
least-developed beneficiary developing country for purposes of the GSP
program.
9. In calendar year 2006, imports from Jamaica under subheading
2202.90.37 of the HTS exceeded the relevant competitive need limitation
(CNL) set forth in 19 U.S.C. 2463(c)(2). Pursuant to section
503(c)(2)(A) of the 1974 Act, where imports of articles exceed the
relevant CNL in a calendar year, the President shall withdraw duty-free
treatment for such article by July 1 of the following year and modify
the HTS accordingly.
10. On January 6, 1987, Colombia was granted a waiver of the CNL for
imports under HTS subheading 1701.11.05. Despite the existing waiver of
the CNL, on July 5, 2001, duty-free treatment was withdrawn in error for
imports from Colombia under HTS subheading 1701.11.05 because import
levels exceeded the relevant CNL in calendar year 2000.

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122 STAT. 5297

A technical correction to the HTS is required to reflect the waiver of
the CNL for imports from Colombia under HTS subheading 1701.11.05.
11. In Presidential Proclamation 8097 of December 29, 2006, I modified
the HTS pursuant to section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to conform the HTS to
the International Convention on the Harmonized Commodity Description and
Coding System (the ``Convention''). Additional conforming changes to the
HTS are required to implement the intended tariff treatment.
12. Section 604 of 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 104 of the AGOA and title V and section 604 of the 1974 Act (19
U.S.C. 2461-67, 2483), do proclaim that:
(1) Togo is designated as an eligible sub-Saharan African country and as
a beneficiary sub-Saharan African country for purposes of the AGOA.
(2) In order to reflect this designation in the HTS, general note 16(a)
to the HTS is modified by inserting in alphabetical sequence in the list
of beneficiary sub-Saharan African countries ``Republic of Togo,''
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the thirtieth day after the date of this
proclamation.
(3) For purposes of section 112(c) of the AGOA, as amended, Togo is a
lesser developed beneficiary sub-Saharan African country.
(4) In order to provide the tariff treatment intended under section 112
of the AGOA, as amended, the HTS is modified as set forth in the Annex
to this proclamation.
(5) The Solomon Islands is designated as a least-developed beneficiary
developing country for purposes of the GSP program.
(6) In order to reflect this designation in the HTS, general note
4(b)(i) is modified by adding in alphabetical order ``The Solomon
Islands,'' effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the sixty-fifth day after the
date of this proclamation.
(7) For purposes of the GSP program, in order to provide the intended
tariff treatment for imports from Jamaica, under HTS subheading
2202.90.37, general note 4(d) is modified by adding in numerical order
``2202.90.37'' and by inserting ``Jamaica'' next to ``2202.90.37.''
(8) For purposes of the GSP program, in order to provide the intended
tariff treatment for imports from Colombia, under HTS subheading
1701.11.05, general note 4(d) is modified by deleting ``Colombia'' from
the list of countries enumerated next to HTS subheading ``1701.11.05.''
(9) In order to conform the HTS to the Convention, additional U.S. note
3(d) to subchapter XX of chapter 98 and additional U.S. note 4(d) to
subchapter XXI of chapter 98 of the HTS are each modified by delet




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122 STAT. 5298

ing ``5402.10.30, 5402.10.60,'' each place it occurs and by inserting in
lieu thereof ``5402.11.30, 5402.11.60, 5402.19.30, 5402.19.60,'' in each
case.
(10) 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 seventeenth day of
April, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
GEORGE W. BUSH

GRAPHIC TIF55 TD21AP08.011