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

 
PROCLAMATION 8394--JUNE 29, 2009

Proclamation 8394 of June 29, 2009
To Modify Duty-Free Treatment Under the Generalized System of
Preferences, and for Other Purposes
By the President of the United States of America
A Proclamation

1. Pursuant to sections 501 and 503(a)(1)(A) of the Trade Act of 1974,
as amended (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 Generalized System of Preferences (GSP).
2. Pursuant to section 503(c)(2)(A) of 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 GSP to eligible articles.
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 bene-

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ficiary 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. Pursuant to section 503(c)(2)(E) of the 1974 Act (19 U.S.C.
2463(c)(2)(E)), section 503(c)(2)(A)(i)(II) shall not apply with respect
to any eligible article if a like or directly competitive article was
not produced in the United States on January 1, 1995.
7. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act, and after
receiving advice from the United States International Trade Commission
(the ``Commission'') in accordance with section 503(e), I have
determined to designate certain articles as eligible articles when
imported from any beneficiary developing country.
8. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2008 certain beneficiary developing countries exported 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.
9. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined
that the competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act should be disregarded with respect
to certain eligible articles from certain beneficiary developing
countries.
10. Pursuant to section 503(d)(1) of the 1974 Act, I have received the
advice of the Commission on whether any industry in the United States is
likely to be adversely affected by a waiver of the competitive need
limitations provided in section 503(c)(2)(A), and I have determined,
based on that advice and on the considerations described in sections 501
and 502(c) (19 U.S.C. 2462(c)) of the 1974 Act, 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.
11. 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.
12. Pursuant to section 503(c)(2)(E) of the 1974 Act, I have determined
that the limitation provided for in section 503(c)(2)(A)(i)(II) shall
not apply with respect to subheading 7202.50.00 of the Harmonized Tariff

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Schedule of the United States (HTS) because no like or directly
competitive article was produced in the United States on January 1,
1995.
13. Section 2004(d)(8)(A) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108-429, 118 Stat. 2434) amended
subheading 9804.00.70 of the HTS to provide the tariff treatment for
certain articles imported by or on the account of returning United
States residents. I have determined that it is appropriate to make
conforming changes to note 4 to subchapter IV of chapter 98 of the HTS
to reflect that amendment.
14. On June 6, 2003, the United States and Chile entered into the United
States-Chile Free Trade Agreement (USCFTA), which the Congress approved
in section 101(a) of the United States-Chile Free Trade Agreement
Implementation Act (the ``USCFTA Act'') (19 U.S.C. 3805 note).
Proclamation 8334 of December 31, 2008, exercised authority under the
USCFTA Act by modifying the HTS to provide for an accelerated schedule
of duty elimination for specific originating goods of Chile.
Proclamation 8334 inadvertently omitted modifications to the HTS
necessary to implement the accelerated schedule. I have determined that
technical corrections to the HTS are necessary to provide for the
intended tariff treatment.
15. Presidential Proclamation 8332 of December 29, 2008, implemented the
tariff treatment called for under certain provisions of the United
States-Oman Free Trade Agreement (USOFTA). I have determined that a
technical correction to the HTS is necessary to provide for the intended
tariff treatment.
16. 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, BARACK OBAMA, 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
title V and section 604 of the 1974 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 no longer be
treated as beneficiary developing countries with respect to certain
eligible articles for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for the corresponding 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 the
corresponding 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.

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(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 waiver of the application of section 503(c)(2)(A) of the 1974
Act to the articles in the HTS subheading and to the beneficiary
developing country listed in Annex IV to this proclamation is revoked.
(7) In order to make technical corrections necessary to provide the
intended tariff treatment under the Miscellaneous Trade and Technical
Corrections Act of 2004, the USCFTA, and the USOFTA, the HTS is modified
as set forth in Annex V to this proclamation.
(8) The modifications to the HTS set forth in Annexes I, IV, and V 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.
(9) 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-ninth day of
June, 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.
BARACK OBAMA

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