[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8818--MAY 14, 2012

Proclamation 8818 of May 14, 2012

To Implement the United States-Colombia Trade Promotion Agreement and
for Other Purposes

By the President of the United States of America

A Proclamation

1. On November 22, 2006, the United States entered into the United
States-Colombia Trade Promotion Agreement (the ``Agreement'') and on
June 28, 2007, the United States and Colombia amended the Agreement. The
Congress approved the Agreement, as amended, in section 101(a) of the
United States-Colombia Trade Promotion Agreement Implementation Act (the
``Implementation Act'') (Public Law 112-42, 125 Stat. 462).
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, and 3.3.13 and Annex 2.3 of
the Agreement.
4. Consistent with section 201(a)(2) of the Implementation Act, Colombia
is to be removed from the enumeration of designated beneficiary
developing countries eligible for the benefits of the Generalized System
of Preferences (GSP).
5. 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 204(b) of the Andean Trade Preference Act (19 U.S.C.
3203(b)) (ATPA) to provide that certain preferential tariff treatment
may be provided to eligible articles that are the product of any country
that the President designates as an ``ATPDEA beneficiary country''
pursuant to section 204(b)(6)(B) of the ATPA, as amended. In
Proclamation 7616 of October 31, 2002, Colombia and Peru were designated
as beneficiary countries under the ATPDEA.
6. Consistent with section 201(a)(3) of the Implementation Act, Colombia
is removed from the enumeration of beneficiary countries under the ATPA
(19 U.S.C. 3202(a)(1)). Consequently, Colombia is also removed from the
enumeration of beneficiary countries under the ATPDEA.
7. 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 Colombia is no


[[Page 2583]]


longer eligible to receive the benefits of the GSP, the ATPA, and the ATPDEA.
8. 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 General Notes 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.
9. 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 determined that it is necessary to include these rules
of origin, together with particular rules applicable to certain other
goods, in the HTS.
10. Section 203(o) of the Implementation Act authorizes the President,
after receiving a request from an interested entity, to determine that a
fabric, yarn, or fiber is or is not available in commercial quantities
in a timely manner in Colombia or the United States; to establish
procedures governing the submission of a request for any such
determination and ensuring appropriate public participation in any such
determination; to add to the list of the United States as set forth in
Annex 3-B of the Agreement any fabric, yarn, or fiber determined to be
not available in commercial quantities in a timely manner in Colombia
and the United States; or to remove from the list in Annex 3-B of the
Agreement any fabric, yarn, or fiber that the President has previously
added to that list.
11. Section 208 of the Implementation Act authorizes the President to
take certain enforcement actions relating to trade with Colombia in
textile and apparel goods.
12. 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.
13. 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.
14. Section 501(a) of the Implementation Act amended section 208(a) of
the ATPA (19 U.S.C. 3206(a)) to extend the duration of duty-free
treatment under the ATPA until July 31, 2013. I have determined that a
modification to the HTS is necessary to reflect this amendment.
15. Section 201 of the Omnibus Trade Act of 2010 (the ``Trade Act of
2010'') (Public Law 111-344, 124 Stat. 3611), amended section 208(a)(1)
of the ATPA (19 U.S.C. 3206(a)(1)) to provide that no duty-free
treatment or other preferential treatment extended to beneficiary


[[Page 2584]]

countries under the ATPA shall remain with respect to Peru after
December 31, 2010. I have determined that a modification to the HTS is
necessary to reflect this amendment. Consequently, Peru is removed from
the enumeration of beneficiary countries under the ATPA and the ATPDEA.
16. Section 1952(a) of the Small Business Job Protection Act of 1996
(Public Law 104-188, 110 Stat. 1755) amended title V of the 1974 Act, to
provide, in part, that the President may not designate as an eligible
article under the GSP ``[t]extile and apparel articles which were not
eligible articles for purposes of this title on January 1, 1994, as this
title was in effect on such date.'' I have determined that a
modification of general notes 4 and 10 to the HTS is necessary to
reflect this amendment.
17. Presidential Proclamation 8332 of December 29, 2008, implemented
U.S. tariff commitments under the United States-Oman Free Trade
Agreement and incorporated by reference Publication 4050 of the United
States International Trade Commission (the ``Commission''), entitled
``Modifications to the Harmonized Tariff Schedule of the United States
Implementing the United States-Oman Free Trade Agreement.'' Annex II to
that publication included certain errors in the quantities specified
under certain tariff-rate quotas and references to relevant tariff
lines. I have determined that a modification to the HTS is necessary to
correct those errors.
18. Presidential Proclamation 8405 of August 31, 2009, modified certain
rules of origin under the North American Free Trade Agreement and
incorporated by reference Publication 4095 of the Commission, entitled
``Modifications to the Harmonized Tariff Schedule of the United States
to Adjust Rules of Origin Under the North American Free Trade
Agreement.'' Certain rules of origin were incorrectly deleted from the
HTS. I have determined that a modification to general note 12 to the HTS
is necessary to restore those rules of origin.
19. Presidential Proclamation 8771 of December 29, 2011, modified the
HTS to conform to amendments made to the International Convention on the
Harmonized Commodity Description and Coding System and incorporated by
reference Publication 4276 of the Commission, entitled ``Modifications
to the Harmonized Tariff Schedule of the United States Under Section
1206 of the Omnibus Trade and Competitiveness Act of 1988.'' Annex II to
that publication included incorrect rates of duty for certain articles
for the years 2016 through 2018. I have determined that a modification
of general note 31 to the HTS is necessary to reflect the correct rate
of duty for these articles.
20. Presidential Proclamation 8783 of March 6, 2012, implemented U.S.
tariff commitments under the United States-Korea Free Trade Agreement
and incorporated by reference Publication 4308 of the Commission,
entitled ``Modifications to the Harmonized Tariff Schedule of the United
States to Implement the United States-Korea Free Trade Agreement.''
Annex II to that publication included an error in the staged duty
applied to two tariff subheadings. I have determined that a modification
to the HTS is necessary to correct that error.
21. Section 604 of the 1974 Act authorizes the President to embody in
the HTS the substance of relevant provisions of chapter V of that Act,
and of other Acts affecting import treatment, and of actions taken


[[Page 2585]]


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
section 604 of the 1974 Act, section 1952(a) of the Small Business Job
Protection Act of 1996, section 201 of the Trade Act of 2010, sections
105(a), 201, 203, 208, 501, 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 Colombia for the
purposes of the Agreement, and to reflect Colombia's removal from the
list of beneficiary developing countries under the GSP, and from the
list of beneficiary countries under ATPA and ATPDEA, the HTS is modified
as set forth in Annex I of Publication 4320 of the Commission, entitled
``Modifications to the Harmonized Tariff Schedule of the United States
to Implement the United States-Colombia Trade Promotion Agreement,''
which is incorporated by reference into this proclamation.
(2) The modifications to the HTS made in paragraph (1) 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 of Publication 4320.
(3) 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 Colombia for purposes of the Agreement,
the HTS is modified as provided in Annex II of Publication 4320,
effective on the dates specified in the relevant sections of such Annex
and on any subsequent dates set forth for such duty reductions in that
Annex.
(4) In order to implement section 501(a) of the Implementation Act, the
HTS is modified as set forth in section A of Annex III of Publication
4320.
(5) The modifications to the HTS set forth in section A of Annex III of
Publication 4320 shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after November 5, 2011.
(6) The Secretary of Commerce is authorized to exercise the authority of
the President 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.
(7) The CITA is authorized to exercise the authority of the President
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 Colombia and the United States; to establish
procedures governing the request for any such determination and ensuring
appropriate public participation in any such determination; to add any


[[Page 2586]]


fabric, yarn, or fiber determined to be not available in commercial
quantities in a timely manner in Colombia and the United States to the
list in Annex 3-B of the Agreement; or to remove from the list in Annex
3-B of the Agreement any fabric, yarn, or fiber that the President has
previously added to that list.
(8) The CITA is authorized to exercise the authority of the President
under section 208 of the Implementation Act to direct the exclusion of
certain textile and apparel goods from the customs territory of the
United States and to direct the denial of preferential tariff treatment
to textile and apparel goods.
(9) 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; after an appropriate determination, 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 Colombian 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 an
affirmative determination as to damage or threat.
(10) The United States Trade Representative (USTR) is authorized to
fulfill the obligations of the President under section 104 of the
Implementation Act to obtain advice from the appropriate advisory
committees and the 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 33 to subchapter XXII of
chapter 98 of the HTS in a notice published in the Federal Register to
reflect modifications pursuant to paragraph (7) of this proclamation by
the CITA to the list of fabrics, yarns, or fibers in Annex 3-B of the
Agreement.
(12) In order to reflect Peru's removal from the list of beneficiary
countries under the ATPA and the ATPDEA, the HTS is modified as set
forth in section B of Annex III to Publication 4320.
(13) The modifications to the HTS set forth in section B of Annex III to
Publication 4320 shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after January 1, 2011.
(14) In order to reflect the amendments to title V of the 1974 Act,
general notes 4 and 10 to the HTS are modified as set forth in section A
of Annex IV to Publication 4320.
(15) The modifications to the HTS set forth in section A of Annex IV to
Publication 4320 shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after January 1, 1996.
(16) In order to provide the intended tariff treatment to certain goods
of Oman under the terms of general note 31 to the HTS, subchapter XVI of
chapter 99 and general note 31 to the HTS are modified as set forth in
section B of Annex IV to Publication 4320.


[[Page 2587]]


(17) The modifications to the HTS set forth in section B of Annex IV to
Publication 4320 shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after January 1, 2009.
(18) In order to provide the intended tariff treatment to certain goods
of Canada or of Mexico under the terms of general note 12 to the HTS,
general note 12 is modified as set forth in section C of Annex IV to
Publication 4320.
(19) The modifications to the HTS set forth in section C of Annex IV to
Publication 4320 are effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after February 3, 2007.
(20) In order to provide the intended tariff treatment to goods of Korea
under the terms of general note 33, the HTS is modified as set forth in
section D of Annex IV to Publication 4320.
(21) The modifications to the HTS set forth in section D of Annex IV to
Publication 4320 are effective with respect to goods entered, or
withdrawn from warehouse for consumption, as set forth in section D of
Annex IV to Publication 4320.
(22) 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 fourteenth day of
May, in the year of our Lord two thousand twelve, and of the
Independence of the United States of America the two hundred and thirty-
sixth.
BARACK OBAMA