[Weekly Compilation of Presidential Documents Volume 38, Number 44 (Monday, November 4, 2002)]
[Pages 1903-1904]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 7616--To Implement the Andean Trade Promotion and Drug 
Eradication Act

 October 31, 2002

 By the President of the United States

 of America

 A Proclamation

    1. 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, provided that 
the President determines that the country has satisfied the requirements 
of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the 
implementation of procedures and requirements similar to those in 
chapter 5 of the North American Free Trade Agreement (NAFTA).
    2. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the 
ATPA to authorize the President to proclaim duty-free treatment for any 
article described in section 204(b)(1)(A) through (D) of the ATPA, as 
amended, that is the growth, product, or manufacture of an ATPDEA 
beneficiary country, that is imported directly into the customs 
territory of the United States from an ATPDEA beneficiary country, and 
that meets the requirements of section 204 of the ATPA, as amended, if 
the President determines that such article is not import-sensitive in 
the context of imports from ATPDEA beneficiary countries, provided that 
the President determines that the country has satisfied the requirements 
of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the 
implementation of procedures and requirements similar to those in 
chapter 5 of the NAFTA.
    3. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the 
ATPA to provide that eligible textile and apparel articles of a 
designated ATPDEA beneficiary country shall enter the United States free 
of duty and free of quantitative limitations, provided that the 
President determines that the country has satisfied the requirements of 
section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the 
implementation of procedures and requirements similar to those in 
chapter 5 of the NAFTA.
    4. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the 
ATPA to provide that eligible tuna products of a designated ATPDEA 
beneficiary country shall enter the United States free of duty and free 
of quantitative limitations, provided that the President determines that 
the country has satisfied the requirements of section 
204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the 
implementation of procedures and requirements similar to those in 
chapter 5 of the NAFTA.
    5. Section 203(e)(2)(A) of the ATPA (19 U.S.C. 3202(e)(2)(A)) 
requires the President to publish in the Federal Register notice of 
proposed action under section 203(e)(1) of the ATPA (19 U.S.C. 
3202(e)(1)) at least 30 days prior to taking such action. Section 
212(e)(2)(A) of the Caribbean Basin Economic Recovery Act (CBERA) (19 
U.S.C. 2702(e)(2)(A)) requires the President to publish in the Federal 
Register notice of proposed action under section 212(e)(1) of the CBERA 
(19 U.S.C. 2702(e)(1)) at least 30 days prior to taking such action.
    6. In order to implement the tariff treatment provided under the 
ATPDEA, it is necessary to modify the Harmonized Tariff Schedule of the 
United States (HTS).
    7. Section 604 of the Trade Act of 1974 (19 U.S.C. 2483) (1974 Trade 
Act) authorizes the President to embody in the HTS the substance of the 
relevant provisions of that Act,

[[Page 1904]]

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, George W. Bush, 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 section 604 of 
the 1974 Trade Act, do proclaim as follows:
    (1) I have designated the following countries as ATPDEA beneficiary 
countries pursuant to section 204(b)(6)(B) of the ATPA, as amended, and 
have determined that these countries have satisfied the requirements of 
section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the 
implementation of procedures and requirements similar to those in 
chapter 5 of the NAFTA:
    Bolivia
    Colombia
    Ecuador
    Peru.
    (2) In order to provide for the preferential treatment provided for 
in section 204(b) of the ATPA, as amended, the HTS is modified as 
provided in the annex to this proclamation.
    (3) The functions of the President under section 203(e)(2)(A) of the 
ATPA and section 212(e)(2)(A) of the CBERA with respect to publishing 
notice of this proclamation are delegated to the United States Trade 
Representative.
    (4) Any provisions of previous proclamations and Executive Orders 
that are inconsistent with this proclamation are superseded to the 
extent of such inconsistency.
    (5) This proclamation is effective on the date of signature.
     In Witness Whereof, I have hereunto set my hand this thirty-first 
day of October, in the year of our Lord two thousand two, and of the 
Independence of the United States of America the two hundred and twenty-
seventh.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 8:45 a.m., November 4, 
2002]

Note: This proclamation and the attached annex will be published in the 
Federal Register on November 5.