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

122 STAT. 5360

 
PROCLAMATION 8296--SEPT. 30, 2008



Proclamation 8296 of September 30, 2008
To Modify Duty-free Treatment Under The Caribbean Basin Economic
Recovery Act and for Other Purposes
By the President of the United States of America
A Proclamation
1. Section 213A(b) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a(b)) (the ``CBERA''), as amended by section 15402(a)(2) of
the Haitian Hemispheric Opportunity through Partnership Encouragement
Act of 2008 (part 1 of subtitle D of title XV of Public Law 110-246, 122
Stat. 2289) (the ``HOPE II Act''), provides that preferential tariff
treatment may be provided for certain apparel and other articles
originating in Haiti that are imported directly from Haiti or the
Dominican Republic into the customs territory of the United States.
2. Pursuant to section 213A(f)(3) of CBERA (19 U.S.C. 2703a(f)(3)), as
redesignated by section 15403(2) of the HOPE II Act (122 Stat. 2302),
apparel and other articles described in section 213A(b) of CBERA that
are shipped from the Dominican Republic to the United States directly or
through the territory of an intermediate country shall not qualify for
the preferential tariff treatment provided for under section 213A(b)
until the President certifies to the Congress that Haiti and the
Dominican Republic have developed procedures to prevent unlawful
transshipment of the articles and the use of counterfeit documents
related to the importation of the articles into the United States.
3. I have determined, and hereby certify, that Haiti and the Dominican
Republic have developed the procedures described in section 213A(f)(3)
of CBERA.
4. Section 15406 of the HOPE II Act (122 Stat. 2308) authorizes the
President to exercise the authority provided under section 604 of the
Trade Act of 1974, as amended (19 U.S.C. 2483) (the ``1974 Act''), to
proclaim such modifications to the Harmonized Tariff Schedule of the
United States (HTS) as may be necessary to carry out the HOPE II Act.
5. I have determined that it is appropriate to authorize the United
States Trade Representative (USTR) to perform the following functions:
the functions set forth in section 213A(d)(4) of CBERA, as amended (122
Stat. 2307; 19 U.S.C. 2703a(d)(4)); the reporting function set forth in
section 213A(e)(1)(B)(ii) of CBERA, as amended (122 Stat. 2302; 19
U.S.C. 2703a(e)(1)(B)(ii)); the consultation function set forth in
section 213A(e)(1)(C)(i) of CBERA, as amended (122 Stat. 2302-3; 19
U.S.C. 2703a(e)(1)(C)(i)); and the functions set forth in section
213A(e)(5) of CBERA, as amended (122 Stat. 2307; 19 U.S.C. 2703a(e)(5)).
6. I have determined that it is appropriate to authorize the Secretary
of Labor, in consultation with the USTR, to perform the functions
related to identifying producers and seeking to provide assistance to
such producers set forth in section 213A(e)(4)(B)(i) and (ii) of CBERA,
as amended (122 Stat. 2306; 19 U.S.C. 2703a(e)(4)(B)(i), (ii)).
7. In Presidential Proclamation 8272 of June 30, 2008, I waived,
pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)),
the application of the competitive need limitations in section
503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)) with respect to
certain articles

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122 STAT. 5361

from Turkey. A technical rectification to the HTS is required to
provide the intended tariff treatment.
8. Section 604 of the 1974 Act 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 section 15406 of the
HOPE II Act, section 604 of the 1974 Act, and section 301 of title 3,
United States Code, do proclaim that:
(1) In order to provide the tariff treatment for articles imported
directly from Haiti or the Dominican Republic provided for in section
213A(b) of CBERA, as amended by the HOPE II Act, the HTS is modified as
set forth in the Annex to this proclamation.
(2) The modifications to the HTS set forth in the Annex 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 the Annex.
(3) The USTR is hereby authorized to perform the functions set forth in
section 213A(d)(4) of CBERA; the reporting function set forth in section
213A(e)(1)(B)(ii) of CBERA; the consultation function set forth in
section 213A(e)(1)(C)(i) of CBERA; and the functions set forth in
section 213A(e)(5) of CBERA.
(4) The Secretary of Labor, in consultation with the USTR, is hereby
authorized to perform the functions related to identifying producers and
seeking to provide assistance to such producers set forth in section
213A(e)(4)(B)(i) and (ii) of CBERA.
(5) In order to correct technical errors in Presidential Proclamation
8272, General Note 4(d) of the HTS is modified by deleting ``7413.00.50
Turkey,'' and the Rates of Duty 1-Special subcolumn for HTS subheading
7413.00.50 is modified by deleting the symbol ``A*'' and inserting the
symbol ``A'' in lieu thereof, effective with respect to goods entered,
or withdrawn from warehouse for consumption, on or after July 1, 2008.
(6) The USTR shall notify the Congress of this proclamation and
certification.
(7) 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
September, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH

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