[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8997--JUNE 27, 2013

Proclamation 8997 of June 27, 2013

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. Section 502(b)(2)(G) of the Trade Act of 1974, as amended (the ``1974
Act'') (19 U.S.C. 2462(b)(2)(G)), provides that the President shall not
designate any country a beneficiary developing country under the
Generalized System of Preferences (GSP) if such country has not taken or
is not taking steps to afford internationally recognized worker rights
to workers in the country (including any designated zone in that
country). Section 502(d)(2) of the 1974 Act (19 U.S.C. 2462(d)(2))
provides that, after complying with the requirements of section
502(f)(2) of the 1974 Act (19 U.S.C. 2462(f)(2)), the President shall
withdraw or suspend the designation of any country as a beneficiary
developing country if, after such designation, the President determines
that as the result of changed circumstances such country would be barred
from designation as a beneficiary developing country under section
502(b)(2) of the 1974 Act. Section 502(f)(2) of the 1974 Act requires
the President to notify the Congress and the country concerned at least
60 days before


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terminating its designation as a beneficiary developing
country for purposes of the GSP.
2. Having considered the factors set forth in section 502(b)(2)(G) and
providing the notification called for in section 502(f)(2), I have
determined pursuant to section 502(d) of the 1974 Act, that it is
appropriate to suspend Bangladesh's designation as a GSP beneficiary
developing country because it has not taken or is not taking steps to
afford internationally recognized worker rights to workers in the
country. In order to reflect the suspension of Bangladesh's status as a
beneficiary developing country under the GSP, I have determined that it
is appropriate to modify general notes 4(a) and 4(b)(i) of the
Harmonized Tariff Schedule of the United States (HTS).
3. Section 503(c)(2)(A) of the 1974 Act provides that 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.
4. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2012 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.
5. 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)).
6. Pursuant to section 503(c)(2)(F)(i) 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.
7. Section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)) provides
that the President may waive the application of the competitive need
limitations in section 503(c)(2) of the 1974 Act with respect to any
eligible article from any beneficiary developing country if certain
conditions are met.
8. Pursuant to section 503(d)(1) of the 1974 Act, I have received the
advice of the United States International Trade Commission on whether
any industry in the United States is likely to be adversely affected by
waivers of the competitive need limitations provided in section
503(c)(2), and I have determined, based on that advice and on the
considerations described in sections 501 and 502(c) of the 1974 Act (19
U.S.C. 2462(c)) 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



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section 503(c)(2) of the 1974 Act should be waived with respect to
certain eligible articles from certain beneficiary developing countries.
9. Section 503(d)(4)(B)(ii) of the 1974 Act (19 U.S.C.
2463(d)(4)(B)(ii)) provides that the President should revoke any waiver
of the application of the competitive need limitations that has been in
effect with respect to an article for 5 years or more if the beneficiary
developing country has exported to the United States during the
preceding calendar year an amount that exceeds the quantity set forth in
section 503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of the 1974
Act (19 U.S.C. 2463(d)(4)(B)(ii)(I) and 19 U.S.C.
2463(d)(4)(B)(ii)(II)).
10. Pursuant to section 503(d)(4)(B)(ii) of the 1974 Act, I have
determined that in 2012 certain beneficiary developing countries
exported eligible articles for which a waiver has been in effect for 5
years or more in quantities exceeding the applicable limitation set
forth in section 503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of
the 1974 Act, and I therefore revoke said waivers.
11. 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 removal, modification, continuance, or imposition
of any rate of duty or other import restriction.
12. Presidential Proclamation 6763 of December 23, 1994, implemented the
trade agreements resulting from the Uruguay Round of multilateral
negotiations, including Schedule XX--United States of America, annexed
to the Marrakesh Protocol to the General Agreement on Tariffs and Trade
1994 (Schedule XX). In order to maintain the intended tariff treatment
for certain products covered in Schedule XX, I have determined that
technical corrections to the HTS are necessary.
13. Presidential Proclamation 7011 of June 30, 1997, implemented
modifications of the World Trade Organization Ministerial Declaration on
Trade in Information Technology Products (the ``ITA'') for the United
States. Products included in Attachment B to the ITA are entitled to
duty-free treatment wherever classified. Presidential Proclamation 8840
of June 29, 2012, implemented certain technical corrections are
necessary to the HTS in order to maintain the intended tariff treatment
for certain products covered in Attachment B. I have determined that
certain additional technical corrections are necessary to conform the
HTS to the changes made by Presidential Proclamation 8840.
14. Presidential Proclamation 8818 of May 14, 2012, implemented U.S.
tariff commitments under the United States-Colombia Trade Promotion
Agreement and incorporated by reference Publication 4320 of the United
States International Trade Commission, entitled ``Modifications to the
Harmonized Tariff Schedule of the United States to Implement the United
States-Colombia Trade Promotion Agreement.'' Presidential Proclamation
8894 of October 29, 2012, made modifications to the HTS to correct
technical errors and omissions in Annexes I and II to Publication 4320.
I have determined that a modification is necessary to correct an
additional omission.
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:



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(1) The designation of Bangladesh as a beneficiary developing
country under the GSP is suspended on the date that is 60 days after the
date this proclamation is published in the Federal Register.
(2) In order to reflect the suspension of benefits under the GSP
with respect to Bangladesh, general notes 4(a) and 4(b)(i) of the HTS
are modified as set forth in section A of Annex I to this proclamation
by deleting ``Bangladesh'' from the list of independent countries and
least developed countries, effective with respect to articles entered,
or withdrawn from warehouse for consumption, on or after the date that
is 60 days after the date this proclamation is published in the Federal
Register.
(3) 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, the Rates of Duty 1--
Special subcolumn for the corresponding HTS subheadings and general note
4(d) of the HTS are modified as set forth in sections B and C of Annex I
to this proclamation.
(4) The modifications to the HTS set forth in sections B and C of
Annex I to this proclamation shall be effective with respect to the
articles entered, or withdrawn from warehouse for consumption, on or
after the dates set forth in the relevant sections of Annex I.
(5) 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.
(6) A waiver of the application of section 503(c)(2) of the 1974 Act
shall apply to the articles in the HTS subheadings and to the
beneficiary developing countries set forth in Annex III to this
proclamation.
(7) In order to provide the intended tariff treatment to certain
products as set out in Schedule XX, the HTS is modified as set forth in
section A of Annex IV to this proclamation.
(8) In order to conform the HTS to certain technical corrections
made to provide the intended tariff treatment to certain products as set
out in the ITA, the HTS is modified as set forth in section B of Annex
IV to this proclamation.
(9) In order to provide the intended tariff treatment to certain
goods from Colombia, the HTS is modified as set forth in section C of
Annex IV to this proclamation.
(10) The modifications to the HTS set forth in Annex IV to this
proclamation shall be effective with respect to the articles entered, or
withdrawn from warehouse for consumption, on or after the dates set
forth in the relevant sections of Annex IV.
(11) 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-seventh day
of June, in the year of our Lord two thousand thirteen, and of the
Independence of the United States of America the two hundred and thirty-
seventh.
BARACK OBAMA



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