    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    PROCLAMATION 8539--JUNE 29, 2010

    Proclamation 8539 of June 29, 2010
    To Modify Duty-Free Treatment Under the Generalized System of
    Preferences
    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 beneficiary 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)(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.
    5. 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) (19 U.S.C.
    2463(e)), I have determined to designate certain articles as eligible
    articles when imported from any beneficiary developing country.

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    6. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
    that in 2009 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.
    7. 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.
    8. Pursuant to section 503(d)(5) of the 1974 Act, I have determined that
    a previously granted waiver of the competitive need limitations of
    section 503(c)(2)(A) of the 1974 Act is no longer warranted due to
    changed circumstances.
    9. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President
    to embody in the Harmonized Tariff Schedule of the United States (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, by virtue of 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.
    (5) 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 III to this proclamation is revoked.
    (6) The modifications to the HTS set forth in Annexes I, II, and III
    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.

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    (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 twenty-ninth day of
    June, in the year of our Lord two thousand ten, and of the Independence
    of the United States of America the two hundred and thirty-fourth.
    BARACK OBAMA

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