[Weekly Compilation of Presidential Documents Volume 37, Number 3 (Monday, January 22, 2001)]
[Pages 173-175]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Proclamation 7401--To Implement an Accelerated Schedule of Duty
Elimination Under the North American Free Trade Agreement and for Other
Purposes
January 17, 2001
By the President of the United States
of America
A Proclamation
1. On December 17, 1992, the Governments of Canada, Mexico, and the
United States of America entered into the North
[[Page 174]]
American Free Trade Agreement (NAFTA). The NAFTA was approved by the
Congress in section 101(a) of the North American Free Trade Agreement
Implementation Act (the ``NAFTA Implementation Act'') (19 U.S.C.
3311(a)) and was implemented with respect to the United States by
Presidential Proclamation 6641 of December 15, 1993.
2. Section 201(b) of the NAFTA Implementation Act (19 U.S.C.
3331(b)) authorizes the President, subject to the consultation and
layover requirements of section 103(a) of the NAFTA Implementation Act
(19 U.S.C. 3313(a)), to proclaim accelerated schedules for duty
elimination that the United States may agree to with Mexico or Canada.
Consistent with Article 302(3) of the NAFTA, I, through my duly
empowered representative, entered into an agreement with the Government
of Mexico on November 30, 2000, providing for an accelerated schedule of
duty elimination for specific goods of Mexico. The consultation and
layover requirements of section 103(a) of the NAFTA Implementation Act
with respect to such schedule of duty elimination will be satisfied on
December 30, 2000.
3. Pursuant to section 201(b) of the NAFTA Implementation Act, I
have determined that the modifications hereinafter proclaimed of duties
on goods originating in the territory of a NAFTA party are necessary or
appropriate (i) to maintain the general level of reciprocal and mutually
advantageous concessions with respect to Mexico provided for by the
NAFTA, and (ii) to carry out the agreement with Mexico providing an
accelerated schedule of duty elimination for specific goods.
4. Section 213(b)(3)(A) of the Caribbean Basin Economic Recovery Act
(CBERA) (19 U.S.C. 2703(b)(3)(A)), as amended by section 211(a) of the
United States-Caribbean Basin Trade Partnership Act (Title II of Public
Law 106-200) (CBTPA), provides that the tariff treatment accorded at any
time during the transition period defined in section 213(b)(5)(D) of the
CBERA (19 U.S.C. 2703(b)(5)(D)), as amended by section 211(a) of the
CBTPA, to certain articles that are originating goods of designated
CBTPA beneficiary countries shall be identical to the tariff treatment
that is accorded at such time under Annex 302.2 of the NAFTA to an
article described in the same 8-digit subheading of the Harmonized
Tariff Schedule of the United States (HTS) that is a good of Mexico and
is imported into the United States. Such articles are described in sub
paragraphs (B) through (F) of section 213(b)(1) of the CBERA (19 U.S.C.
2703(b)(1)(B)-(F)), as amended by section 211(a) of the CBTPA.
5. Section 604 of the Trade Act of 1974, as amended (the ``1974
Act'')(19 U.S.C. 2483), authorizes the President to embody in the HTS
the substance of the relevant provisions of 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, William J. Clinton, President of the United
States of America, acting under the authority vested in me by the
Constitution and the laws of the United States, including section 201(b)
of the NAFTA Implementation Act, section 211 of the CBTPA, section 213
of the CBERA, and section 604 of the 1974 Act, do proclaim that:
(1) In order to provide for an accelerated schedule of duty
elimination for specific goods of Mexico under the NAFTA and to provide
identical tariff treatment for originating goods of a CBTPA beneficiary
country provided for in the same HTS subheading, the tariff treatment
set forth in the HTS is modified as provided in section 1 of the Annex
to this proclamation.
(2) In order to provide for an accelerated schedule of duty
elimination for specific goods of Mexico under the NAFTA, the tariff
treatment set forth in the HTS is modified as provided in section 2 of
the Annex to this proclamation.
(3) 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.
(4) The amendments made to the HTS by the Annex to this proclamation
shall be effective with respect to goods entered, or withdrawn from
warehouse for consumption, on or after January 1, 2001.
In Witness Whereof, I have hereunto set my hand this seventeenth day
of January, in
[[Page 175]]
the year of our Lord two thousand one, and of the Independence of the
United States of America the two hundred and twenty-fifth.
William J. Clinton
[Filed with the Office of the Federal Register, 8:45 a.m., January 22,
2001]
Note: This proclamation was released by the Office of the Press
Secretary on January 18, and it will be published in the Federal
Register on January 23.