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

122 STAT. 5326

 
PROCLAMATION 8272--JUNE 30, 2008



Proclamation 8272 of June 30, 2008
To Modify Duty-Free Treatment Under the Generalized System of
Preferences, Take Certain Actions Under the African Growth and
Opportunity Act, and for Other Purposes
By the President of the United States of America
A Proclamation
1. Pursuant to section 503(c)(2)(A) of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2463(c)(2)(A)), beneficiary
developing countries, except those designated as least-developed
beneficiary developing countries or beneficiary sub-Saharan African
countries as provided in section 503(c)(2)(D) of the 1974 Act (19 U.S.C.
2463(c)(2)(D)), are subject to competitive need limitations on the
preferential treatment afforded under the Generalized System of
Preferences (GSP) to eligible articles.
2. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act (19 U.S.C.
2461 and 2463(a)(1)(A)), the President may designate articles as
eligible for preferential tariff treatment under the GSP.
3. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(i))
provides that the President may disregard the competitive need
limitation provided in section 503(c)(2)(A) (i)(II) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article from
any beneficiary developing country if the aggregate appraised value of
the imports of such article into the United States during the preceding
calendar year does not exceed an amount set forth in section
503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).
4. Pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C.
2463(d)(1)), the President may waive the application of the competitive
need limitations in section 503(c)(2)(A) of the 1974 Act with respect to
any eligible article from any beneficiary developing country if certain
conditions are met.
5. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C.
2463(d)(5)), any waiver granted under section 503(d) shall remain in
effect until the President determines that such waiver is no longer
warranted due to changed circumstances.
6. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides that the
President shall terminate the designation of a country as a beneficiary
developing country for purposes of the GSP if the President determines
that such country has become a ``high income'' country as defined by the
official statistics of the International Bank for Reconstruction and
Development. Termination is effective on January 1 of the second year
following the year in which such determination is made.
7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2007 certain beneficiary developing countries have exported
certain eligible articles in quantities exceeding the applicable
competitive need limitations, and I therefore terminate the duty-free
treatment for such articles from such beneficiary developing countries.
8. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined
that the competitive need limitation provided in section

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122 STAT. 5327

503(c)(2)(A)(i)(II) of the 1974 Act should be disregarded with respect
to certain eligible articles from certain beneficiary developing
countries.
9. Pursuant to section 503(d)(1) of the 1974 Act, I have received the
advice of the United States International Trade Commission on whether
any industries in the United States are likely to be adversely affected
by such waivers, and I have determined, based on that advice and on the
considerations described in sections 501 and 502(c) of the 1974 Act (19
U.S.C. 2462(c)), and after giving great weight to the considerations in
section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that such
waivers are in the national economic interest of the United States.
Accordingly, I have determined that the competitive need limitations of
section 503(c)(2)(A) of the 1974 Act should be waived with respect to
certain eligible articles from certain beneficiary developing countries.
10. Pursuant to section 503(d)(5) of the 1974 Act, I have determined
that certain previously granted waivers of the competitive need
limitations of section 503(c)(2)(A) of the 1974 Act are no longer
warranted due to changed circumstances.
11. Pursuant to section 502(e) of the 1974 Act, I have determined that
Trinidad and Tobago has become a ``high income'' country, and I am
terminating the designation of that country as a beneficiary developing
country for purposes of the GSP, effective January 1, 2010.
12. Section 502(a)(1) of the 1974 Act (19 U.S.C. 2462(a)(1)) authorizes
the President to designate countries as beneficiary developing countries
for purposes of the GSP. In Proclamation 7912 of June 29, 2005, I
designated Serbia and Montenegro as a beneficiary developing country for
purposes of the GSP. On June 3, 2006, upon Montenegro's declaration of
independence from Serbia and Montenegro, the country separated into two
independent republics: the Republic of Serbia and the Republic of
Montenegro. Pursuant to section 502 of the 1974 Act, and taking into
account the factors set forth in section 502(c) of that Act, I have
determined that, in light of the separation of Serbia and Montenegro
into two countries, the Republic of Serbia and the Republic of
Montenegro should each be designated as a beneficiary developing country
for purposes of the GSP.
13. Section 506A(a)(1) of 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, 114 Stat. 254) (AGOA), 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) and the eligibility criteria
set forth in section 502 of the 1974 Act (19 U.S.C. 2462).
14. 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.
15. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as added by section
6002(a) of the Africa Investment Incentive Act of 2006 (division D of
title VI of Public Law 109-432, 120 Stat. 2922), provides special rules
for certain apparel articles imported from lesser developed beneficiary
sub-Saharan African countries.

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122 STAT. 5328

16. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Union of the Comoros (Comoros)
meets the eligibility requirements set forth or referenced therein, and
I have decided to designate Comoros as an eligible sub-Saharan African
country and beneficiary sub-Saharan African country.
17. I have further determined that Comoros satisfies the criterion for
treatment as a lesser developed beneficiary sub- Saharan African country
under section 112(c)(5)(D)(i) of the AGOA.
18. 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 Congress approved the Agreement
in section 101(a) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (the ``CAFTA-DR Act'')
(19 U.S.C. 4011).
19. Pursuant to section 403(a) of the CAFTA-DR Act (19 U.S.C. 4111(a)),
the President is to report biennially to the Congress on the matters
described in that section and, as the President deems appropriate, in
section 403(b)(2) of the CAFTA-DR Act (19 U.S.C. 4111(b)(2)).
20. Pursuant to section 403(a)(4) of the CAFTA-DR Act (19 U.S.C.
4111(a)(4)), the President is to establish a mechanism to solicit public
comments on the matters described in section 403(a)(3)(D) of the CAFTA-
DR Act (19 U.S.C. 4111(a)(3)(D)).
21. In Presidential Proclamation 8213 of December 20, 2007, I modified
the Harmonized Tariff Schedule of the United States (HTS) pursuant to
section 1634 of the Pension Protection Act of 2006 (Public Law 109-280,
120 Stat. 780) to carry out the understandings described in that
section. Technical rectifications to the HTS are required to provide the
intended tariff treatment.
22. In Presidential Proclamation 8240 of April 17, 2008, pursuant to
section 503(c)(2)(A) of the 1974 Act, I modified the HTS to withdraw
duty-free treatment for certain articles from Jamaica. A technical
rectification to the HTS is required to provide the intended tariff
treatment.
23. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the
President to embody in the 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 but not limited to title V and
section 604 of the 1974 Act, section 104 of the AGOA, section 301 of
title 3, United States Code (3 U.S.C. 301), and section 403 of the
CAFTA-DR Act, do proclaim that:
(1) In order to provide that one or more countries should no longer be
treated as beneficiary developing countries with respect to one or more
eligible articles for purposes of the GSP, general note 4(d) to the HTS
is modified as set forth in section A of Annex I to this proclamation.
(2) In order to provide that one or more countries should not be
treated as beneficiary developing countries with respect to certain
eligible arti

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122 STAT. 5329

cles for purposes of the GSP, the Rates of Duty 1-Special subcolumn for
such HTS subheadings is modified as set forth in section B of Annex I to
this proclamation.
(3) In order to designate certain articles as eligible articles for
purposes of the GSP, the Rates of Duty 1-Special subcolumn for such HTS
subheadings is modified as set forth in section C of Annex I to this
proclamation.
(4) The competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect to the
eligible articles in the HTS subheadings and to the beneficiary
developing countries listed in Annex II to this proclamation.
(5) A waiver of the application of section 503(c)(2)(A) of the 1974 Act
shall apply to the eligible articles in the HTS subheadings and to the
beneficiary developing countries set forth in Annex III to this
proclamation.
(6) The waivers of the application of section 503(c)(2)(A) of the 1974
Act to the articles in the HTS subheadings and to the beneficiary
developing countries listed in Annex IV to this proclamation are
revoked.
(7) The designation of Trinidad and Tobago as a beneficiary developing
country for purposes of the GSP is terminated, effective on January 1,
2010.
(8) In order to reflect this termination in the HTS, general note 4(a)
to the HTS is modified by deleting ``Trinidad and Tobago'' from the list
of independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2010.
(9) The Republic of Serbia is designated as a beneficiary developing
country for purposes of the GSP.
(10) In order to reflect this designation in the HTS, general note 4(a)
is modified by deleting ``Serbia and Montenegro'' and adding in
alphabetical order ``Serbia'' to the list of independent countries,
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the thirtieth day after the date of this
proclamation.
(11) The Republic of Montenegro is designated as a beneficiary
developing country for purposes of the GSP.
(12) In order to reflect this designation in the HTS, general note 4(a)
is modified by adding in alphabetical order ``Montenegro'' to the list
of independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the thirtieth day
after the date of this proclamation.
(13) Comoros is designated as an eligible sub-Saharan African country
and as a beneficiary sub-Saharan African country for purposes of the
AGOA.
(14) 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 ``Union of the
Comoros,'' effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after July 1, 2008.

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122 STAT. 5330

(15) For purposes of section 112(c) of the AGOA, Comoros is a lesser
developed beneficiary sub-Saharan African country.
(16) The modifications to the HTS set forth in Annexes I and IV to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the dates set
forth in the respective annex.
(17) The Secretary of Labor, in consultation with the United States
Trade Representative, shall carry out the reporting function under
sections 403(a) and 403(b)(2) of the CAFTA-DR Act.
(18) The Secretary of Labor, in consultation with the United States
Trade Representative, shall solicit public comments under section
403(a)(4) of the CAFTA-DR Act.
(19) In order to provide the intended tariff treatment to certain
articles of Jamaica, the HTS is modified as set forth in Annex V to this
proclamation.
(20) The modifications to the HTS set forth in Annex V to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the date set forth
in Annex V.
(21) In order to provide the intended tariff treatment to goods subject
to the understandings carried out in Proclamation 8213, the HTS is
modified as set forth in Annex VI to this proclamation.
(22) The modifications to the HTS set forth in Annex VI to this
proclamation shall enter into effect on the date that the modifications
to the HTS set out in section C or D of the Annex to Proclamation 8213,
as appropriate, enter into force, and shall be effective with respect to
goods entered, or withdrawn from warehouse for consumption, on or after
that date.
(23) 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 thirtieth day of
June 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


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