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

122 STAT. 5415

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 and section 604 of the 1974 Act, and the Act
having taken effect pursuant to section 107, do proclaim that:
(1) In order to provide generally for the preferential tariff treatment
being accorded to Costa Rica under the Agreement, as amended, 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 Costa Rica from the enumeration of designated
beneficiary developing countries for purposes of the GSP, to reflect the
removal of Costa Rica 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 4038 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 Respect to Costa Rica (Publication 4038), which is incorporated by
reference into this proclamation.
(2) In order to make technical corrections necessary to provide the
intended duty treatment to certain pharmaceutical products and chemical
intermediaries, the HTS is modified as set forth in Annex III of
Publication 4038.
(3) The amendments to the HTS made by paragraphs (1) and (2) 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withdrawn from warehouse for consumption, on or after the relevant dates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, II, or III of Publication 4038.
(4) Except as provided in paragraph (3) of this proclamation, this
proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after January 1, 2009.
(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superseded to the extent of such inconsistency.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-third day of
December, 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 8332--DEC. 29, 2008

Proclamation 8332 of December 29, 2008
To Implement the United States-Oman Free Trade Agreement
By the President of the United States of America
A Proclamation
1. On January 19, 2006, the United States entered into the United
States-Oman Free Trade Agreement (the ``Agreement''). The Congress

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122 STAT. 5416

approved the Agreement in section 101(a) of the United States-Oman Free
Trade Agreement Implementation Act (the ``Implementation Act'') (Public
Law 109-283, 120 Stat. 1191) (19 U.S.C. 3805 note).
2. Section 105(a) of the Implementation Act authorizes the President to
establish or designate within the Department of Commerce an office that
shall be responsible for providing administrative assistance to panels
established under chapter 20 of the Agreement.
3. Section 201 of the Implementation 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 Articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and the
schedule of duty reductions with respect to Oman set forth in Annex 2-B
of the Agreement.
4. Consistent with section 201(a)(2) of the Implementation Act, Oman 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 entered into force. Further,
consistent with section 604 of the Trade Act of 1974, as amended (the
``1974 Act'') (19 U.S.C. 2483), I have determined that other technical
and conforming changes to the Harmonized Tariff Schedule of the United
States (HTS) are necessary to reflect that Oman is no longer eligible to
receive the benefits of the GSP.
5. Section 202 of the Implementation Act sets forth certain rules for
determining whether a good is an originating good for the purpose of
implementing preferential tariff treatment provided for under the
Agreement. I have decided that it is necessary to include these rules of
origin, together with particular rules applicable to certain other
goods, in the HTS.
6. Section 204 of the Implementation Act authorizes the President to
take certain enforcement actions relating to trade with Oman in textile
and apparel goods.
7. Subtitle B of title III of the Implementation Act authorizes the
President to take certain actions in response to a request by an
interested party for relief from serious damage or actual threat thereof
to a domestic industry producing certain textile or apparel articles.
8. 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 section 301 of title 3, United States Code, 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.
9. Section 604 of the 1974 Act, 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,
including the removal, modification, continuance, or imposition of any
rate of duty or other import restriction.

[[Page 5417]]
122 STAT. 5417

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 604 of the 1974 Act; sections 105(a), 201, 202, and 204, and
subtitle B of title III, of the Implementation Act; and section 301 of
title 3, United States Code, and having made the determination under
section 101(b) of the Implementation Act necessary for the exchange of
notes, do hereby proclaim:
(1) In order to provide generally for the preferential tariff treatment
being accorded under the Agreement, to set forth rules for determining
whether goods imported into the customs territory of the United States
are eligible for preferential tariff treatment under the Agreement, to
provide certain other treatment to originating goods of Oman for the
purposes of the Agreement, to provide tariff-rate quotas with respect to
certain originating goods of Oman, to reflect Oman's removal from the
enumeration of designated beneficiary developing countries for purposes
of the GSP, and to make technical and conforming changes in the general
notes to the HTS, the HTS is modified as set forth in Annex I of
Publication 4050 of the United States International Trade Commission,
entitled, Modifications to the Harmonized Tariff Schedule of the United
States Implementing the United States-Oman Free Trade Agreement
(Publication 4050), which is incorporated by reference into this
proclamation.
(2) In order to implement the initial stage of duty elimination provided
for in the Agreement and to provide for future staged reductions in
duties for originating goods of Oman for purposes of the Agreement, the
HTS is modified as provided in Annex II of Publication 4050, effective
on the dates specified in the relevant sections of such publication and
on any subsequent dates set forth for such duty reductions in that
publication.
(3) The amendments to the HTS made by paragraphs (1) and (2) 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 II of Publication 4050.
(4) The Secretary of Commerce is authorized to exercise my authority
under section 105(a) of the Implementation Act to establish or designate
an office within the Department of Commerce to carry out the functions
set forth in that section.
(5) The CITA is authorized to exercise my authority under section 204 of
the Implementation Act to exclude textile and apparel goods from the
customs territory of the United States; to determine whether an
enterprise's production of, and capability to produce, goods are
consistent with statements by the enterprise; to find that an enterprise
has knowingly or willfully engaged in circumvention; and to deny
preferential tariff treatment to textile and apparel goods.
(6) The CITA is authorized to exercise the functions of the President
under subtitle B of title III of the Implementation Act to review
requests, and to determine whether to commence consideration of such
requests; to cause to be published in the Federal Register a notice of
commencement of consideration of a request and notice seeking public
comment thereon; to determine whether imports of an Omani textile or
apparel article are causing serious damage, or actual threat thereof, to
a domestic industry producing an article that is like, or directly