[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 3603
 
PROCLAMATION 8341--JAN. 16, 2009

Proclamation 8341 of January 16, 2009
To Implement the United States-Peru Trade Promotion Agreement and for
Other Purposes
By the President of the United States of America
A Proclamation

1. On April 12, 2006, the United States entered into the United States-
Peru Trade Promotion Agreement (the ``Agreement''), and on June 24 and
June 25, 2007, the Parties to the Agreement signed a protocol amending
the Agreement. Congress approved the Agreement as amended in section
101(a) of the United States-Peru Trade Promotion Agreement
Implementation Act (the``Implementation Act'') (Public Law 110-138, 121
Stat. 1455) (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 21 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, 3.3.13 and Annex 2.3 of the
Agreement.
4. Section 201(d) of the Implementation Act authorizes the President to
take such action as may be necessary in implementing the tariff-rate
quotas set forth in Appendix I to the Schedule of the United States to
Annex 2.3 of the Agreement to ensure that imports of agricultural goods
do not disrupt the orderly marketing of commodities in the United
States.
5. Consistent with section 201(a)(2) of the Implementation Act, Peru 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 enters 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 Peru is no longer eligible to
receive the benefits of the GSP.
6. Section 203 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.
7. Section 203(o) of the Implementation Act authorizes the President to
determine that a fabric, yarn, or fiber is or is not available in
commercial quantities in a timely manner in the United States and Peru;
to establish procedures governing the request for any such determination
and ensuring appropriate public participation in any such determination;
to add any fabric, yarn, or fiber determined to be not available in
commercial quantities in a timely manner in the United States

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123 STAT. 3604

and Peru to the list in Annex 3-B of the Agreement in a restricted or
unrestricted quantity; to eliminate a restriction on the quantity of a
fabric, yarn, or fiber within 6 months after adding the fabric, yarn, or
fiber to the list in Annex 3-B of the Agreement in a restricted
quantity; and to restrict the quantity of, or remove from the list in
Annex 3-B of the Agreement, certain fabrics, yarns, or fibers.
8. Section 208 of the Implementation Act authorizes the President to
take certain enforcement actions relating to trade with Peru in textile
and apparel goods.
9. 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.
10. 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.
11. Presidential Proclamation 7971 of December 22, 2005, implemented the
United States-Morocco Free Trade Agreement (USMFTA). The proclamation
implemented, pursuant to section 201 of the United States-Morocco Free
Trade Agreement Implementation Act (the ``USMFTA Act'') (Public Law 108-
302, 118 Stat. 1103) (19 U.S.C. 3805 note), the staged reductions in
rates of duty that I determined to be necessary or appropriate to carry
out or apply certain provisions of the USMFTA, including Articles 2.5
and 2.6. The proclamation inadvertently omitted two modifications to the
HTS necessary to carry out the provisions of Articles 2.5 and 2.6 of the
USMFTA. I have determined that technical corrections to the HTS are
necessary to provide the intended tariff treatment under Articles 2.5
and 2.6 of the USMFTA.
12. Presidential Proclamation 8039 of July 27, 2006, implemented the
United States-Bahrain Free Trade Agreement (USBFTA). The proclamation
implemented, pursuant to section 201 of the United State-Bahrain Free
Trade Agreement Implementation Act (the ``USBFTA Act'') (Public Law 109-
169, 119 Stat. 3581), the staged reductions in rates of duty that I
determined to be necessary or appropriate to carry out or apply certain
provisions of the USBFTA, including Articles 2.5 and 2.6. The
proclamation inadvertently omitted two modifications to the HTS
necessary to carry out the provisions of Articles 2.5 and 2.6 of the
USBFTA. I have determined that technical corrections to the HTS are
necessary to provide the intended tariff treatment under Articles 2.5
and 2.6 of the USBFTA.
13. Presidential Proclamation 8331 of December 23, 2008, implemented the
Dominican Republic-Central America-United States Free Trade Agreement
(CAFTA-DR) for trade with Costa Rica. The proclamation implemented,
pursuant to section 201 of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act

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123 STAT. 3605

(the ``CAFTA-DR Act'') (Public Law 109-53, 119 Stat. 467) (19 U.S.C.
4031), the duty treatment necessary to carry out or apply Articles 3.3
and 3.27, and Annexes 3.3 (including the schedule of United States duty
reductions with respect to originating goods) and 3.27, of the CAFTA-DR.
I have determined that technical corrections to the HTS are necessary to
provide the intended duty treatment under the CAFTA-DR.
14. 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.
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, 203, 208, 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 Peru for the purposes of the Agreement, to provide
tariff-rate quotas with respect to certain originating goods of Peru, to
reflect Peru'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 4058 of the United States
International Trade Commission, entitled, ``Modifications to the
Harmonized Tariff Schedule of the United States to Implement the United
States-Peru Trade Promotion Agreement'', 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 Peru for purposes of the Agreement, the
HTS is modified as provided in Annex II of Publication 4058, 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 to Publication 4058.
(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 United States Trade Representative (USTR) is authorized to
exercise my authority under section 201(d) of the Implementation Act to
take such action as may be necessary in implementing the tariff-rate
quotas set forth in Appendix I to the Schedule of the United States to

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123 STAT. 3606

Annex 2.3 of the Agreement to ensure that imports of agricultural goods
do not disrupt the orderly marketing of commodities in the United
States. This action is set forth in Annex I of Publication 4058.
(6) The CITA is authorized to exercise my authority under section 203(o)
of the Implementation Act to determine that a fabric, yarn, or fiber is
or is not available in commercial quantities in a timely manner in the
United States and Peru; to establish procedures governing the request
for any such determination and ensuring appropriate public participation
in any such determination; to add any fabric, yarn, or fiber determined
to be not available in commercial quantities in a timely manner in the
United States and Peru to the list in Annex 3-B of the Agreement in a
restricted or unrestricted quantity; to eliminate a restriction on the
quantity of a fabric, yarn, or fiber within 6 months after adding the
fabric, yarn, or fiber to the list in Annex 3-B of the Agreement in a
restricted quantity; and to restrict the quantity of, or remove from the
list in Annex 3-B of the Agreement, certain fabrics, yarns, or fibers.
(7) The CITA is authorized to exercise my authority under section 208 of
the Implementation Act to exclude certain 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.
(8) 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; to determine whether imports of a Peruvian textile or apparel
article are causing serious damage, or actual threat thereof, to a
domestic industry producing an article that is like, or directly
competitive with, the imported article; and to provide relief from
imports of an article that is the subject of such a determination.
(9) The CITA, after consultation with the Commissioner of Customs (the
``Commissioner''), is authorized to consult with representatives of Peru
for the purpose of identifying particular textile or apparel goods of
Peru that are mutually agreed to be handloomed fabrics, handmade goods
made of such handloomed fabrics, folklore goods, or handmade goods that
substantially incorporate a historical or traditional regional design or
motif, as provided in Article 3.3.12 of the Agreement. The Commissioner
shall take actions as directed by the CITA to carry out any such
determination.
(10) The USTR is authorized to fulfill my obligations under section 104
of the Implementation Act to obtain advice from the appropriate advisory
committees and the United States International Trade Commission on the
proposed implementation of an action by presidential proclamation; to
submit a report on such proposed action to the appropriate congressional
committees; and to consult with those congressional committees regarding
the proposed action.
(11) The USTR is authorized to modify U.S. note 29 to subchapter XXII of
chapter 98 of the HTS in a notice published in the Federal Register to
reflect modifications pursuant to paragraph (6) of this proclamation

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123 STAT. 3607

by the CITA to the list of fabrics, yarns, or fibers in Annex 3-B of the
Agreement.
(12) In order to make technical corrections necessary to provide the
intended duty treatment under Articles 2.5 and 2.6 of the USMFTA,
Articles 2.5 and 2.6 of the USBFTA, and the CAFTA-DR, the HTS is
modified as set forth in Annex III of Publication 4058.
(13) All 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 sixteenth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH