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

122 STAT. 5389

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
November, 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


 
PROCLAMATION 8323--NOV. 25, 2008

Proclamation 8323 of November 25, 2008
To Provide for Duty-Free Treatment Under the Earned Import Allowance
Program, and for Other Purposes
By the President of the United States of America
A Proclamation
1. Section 404 of the Dominican Republic-Central America-United States
Free Trade Agreement Implementation Act (the ``CAFTA-DR Act''), as added
by section 2 of Public Law 110-436, 122 Stat. 4976, provides for
preferential tariff treatment of eligible apparel articles wholly
assembled in an eligible country and imported directly from an eligible
country, if such articles are accompanied by an earned import allowance
certificate issued under a program established by the Secretary of
Commerce.
2. Section 404(e)(1) of the CAFTA-DR Act, as amended, provides that the
program providing this preferential treatment shall be in effect for the
10-year period beginning on the date on which the President certifies to
the appropriate congressional committees that sections A, B, C, and D of
the Annex to Presidential Proclamation 8213 of December 20, 2007, have
taken effect.
3. On August 7, 2008, the United States Trade Representative (USTR)
published a notice in the Federal Register (73 FR 46057) announcing that
August 15, 2008, would be the effective date for sections A, B, C, and D
of the Annex to Presidential Proclamation 8213.
4. I have determined, and hereby certify, that the provisions of
Proclamation 8213 referenced in section 404(e)(1) of the CAFTA-DR Act,
as amended, have taken effect.
5. Section 6002 of the Africa Investment Incentive Act of 2006
(division D, title VI of Public Law 109-432) (the ``2006 Act'') amended
section 112(c) of the African Growth and Opportunity Act (AGOA) (19
U.S.C. 3721(c)) to modify the preferential tariff treatment accorded to
designated lesser developed beneficiary sub-Saharan African countries.
6. Pursuant to section 6002 of the 2006 Act, in Proclamation 8114 of
March 19, 2007, I proclaimed modifications to the Harmonized Tariff
Schedule of the United States (HTS) to provide the tariff treatment
authorized by the 2006 Act. The HTS provisions proclaimed in
Proclamation 8114 were modified by Proclamation 8157 of June 28, 2007,
and Proclamation 8240 of April 17, 2008, to provide the tariff treatment
authorized by the 2006 Act.
7. Section 3 of Public Law 110-436 amends section 112(c) of the AGOA to
modify the tariff treatment applicable to lesser developed beneficiary
sub-Saharan African countries, and to provide that Mauri

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122 STAT. 5390

tius is to be treated as a lesser developed beneficiary sub-Saharan
African country for purposes of the AGOA.
8. Accordingly, in order to reflect the amendments to section 112(c) of
the AGOA, I have determined that it is appropriate to modify the HTS to
reflect the tariff treatment provided to lesser developed beneficiary
sub-Saharan African countries and to provide that Mauritius is to be
treated as a lesser developed beneficiary sub-Saharan African country
for purposes of the AGOA.
9. Section 203(e)(1)(A)(i) of the Andean Trade Preference Act, as
amended (ATPA) (19 U.S.C. 3202(e)(1)(A)(i)), authorizes the President to
withdraw or suspend the designation of any country as a beneficiary
country for purposes of the ATPA if, after such designation, the
President determines that as a result of changed circumstances such
country should be barred from designation as a beneficiary country.
10. Section 3103 of the Andean Trade Promotion and Drug Eradication Act
(Title XXXI of the Trade Act of 2002, Public Law 107-210) (ATPDEA)
amended section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) by adding a
new subparagraph (B)(i) authorizing the President to withdraw or suspend
the designation of any country as a beneficiary country for purposes of
the ATPDEA if, after such designation, the President determines that, as
a result of changed circumstances, the performance of such country is
not satisfactory under the eligibility criteria set forth in section
204(b)(6)(B) of the ATPA, as amended (19 U.S.C. 3203(b)(6)(B)).
11. Section 203(e)(2)(A) of the ATPA, as amended (19 U.S.C.
3202(e)(2)(A)) requires the President to publish notice of the action he
proposes to take at least 30 days before taking action under section
203(e)(1) (19 U.S.C. 3202(e)(1)).
12. On October 1, 2008, the USTR, at my direction, published a notice
in the Federal Register (73 FR 57158) announcing that I proposed to
suspend the designation of Bolivia as a beneficiary country for purposes
of the ATPA and the ATPDEA based on Bolivia's failure to satisfy the
eligibility criteria set forth in section 203(d)(11) and section
204(b)(6)(B)(v) of the ATPA, as amended (19 U.S.C. 3202(d)(11),
3203(b)(6)(B)(v)).
13. I have determined that Bolivia no longer satisfies the eligibility
criterion in section 203(d)(11) of the ATPA, as amended. Therefore,
pursuant to section 203(e)(1)(A)(i) of the ATPA, I have determined that,
as a result of this changed circumstance, Bolivia's designation as an
ATPA beneficiary country should be suspended.
14. I have determined that Bolivia is no longer performing
satisfactorily under the eligibility criterion in section
204(b)(6)(B)(v) of the ATPA, as amended. Therefore, pursuant to section
203(e)(1)(B)(i) of the ATPA, I have determined that, as a result of this
changed circumstance, Bolivia's designation as an ATPDEA beneficiary
country should be suspended.
15. 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 HTS the tariff modifications and rules of
origin necessary or appropriate to carry out the NAFTA.

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122 STAT. 5391

16. 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 country 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)).
17. The United States and Canada have agreed to modify certain NAFTA
rules of origin and to apply the modified rules to their bilateral
trade. It is therefore necessary to modify the NAFTA rules of origin set
out in Proclamation 6641.
18. Section 1230 of the Tax Relief and Health Care Act of 2006 (Public
Law 109-432) temporarily modified the rate of duty on triphenyl
phosphine. Modifications to the HTS are necessary to provide the
intended tariff treatment.
19. Presidential Proclamation 7011 of June 30, 1997, implemented the
World Trade Organization Ministerial Declaration on Trade in Information
Technology Products for the United States. Annex 1 to that proclamation
failed to include certain products. Technical corrections and conforming
changes to the HTS are necessary to provide the intended tariff
treatment for those products.
20. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483)
(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 404 of the
CAFTA-DR Act, as amended, section 104 of the AGOA, section 202 of the
NAFTA Implementation Act, section 203 of the ATPA, as amended, 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 eligible articles
provided for in section 404 of the CAFTA-DR Act, as added by Public Law
110-436, the HTS is modified as set forth in Annex A to this
proclamation.
(2) In order to reflect changes to the tariff treatment for certain
apparel products under the AGOA, U.S. note 5 to subchapter XIX of
chapter 98 of the HTS, subheadings 9819.15.10 through 9819.15.42,
inclusive, and the superior text thereto are deleted from the HTS,
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after October 31, 2008.
(3) For purposes of section 112(c) of the AGOA, as amended, Mauritius is
included as a lesser developed beneficiary sub-Saharan African country
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after October 31, 2008.
(4) The designation of Bolivia as a beneficiary country for purposes of
the ATPA and ATPDEA is suspended effective on December 15, 2008.
Accordingly, effective on that date, general note 11(a) to the HTS is

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122 STAT. 5392

modified by deleting ``Bolivia'' from the list of ATPA beneficiary
countries. Further, general note 11(d) to the HTS is modified by
deleting ``Bolivia'' from the list of ATPDEA beneficiary countries. In
addition, U.S. note 1 to subchapter XXII of chapter 98 of the HTS is
modified by removing ``Bolivia'' from the list of ATPDEA beneficiary
countries.
(5) In order to modify the rules of origin under the NAFTA, general note
12 to the HTS is modified as set forth in Annex B to this proclamation.
(6) (a) The modifications to the HTS set forth in Annex A 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 A.
(b) The modifications to the HTS set forth in Annex B to this
proclamation shall enter into effect on the date that the USTR announces
in a notice published in the Federal Register that Canada has completed
its applicable domestic procedures to give effect to corresponding
modifications to be applied to goods of the United States and shall be
effective with respect to goods of Canada entered, or withdrawn from
warehouse for consumption, on or after the date indicated in the notice.
(7) In order to provide the intended tariff treatment to triphenyl
phosphine and to correct the error identified in paragraph 19, the HTS
is modified as provided in Annex C to this proclamation.
(8) The modifications to the HTS made in Annex C to this proclamation
shall be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date set out in that Annex.
(9) The USTR shall notify the Congress of this proclamation and my
certification as provided in section 404(e) of the CAFTA-DR Act, as
amended.
(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 twenty-fifth day
of November, 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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122 STAT. 5393


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