[Weekly Compilation of Presidential Documents Volume 42, Number 26 (Monday, July 3, 2006)]
[Pages 1251-1252]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Proclamation 8033--To Modify Duty-Free Treatment Under the Generalized
System of Preferences
June 30, 2006
By the President of the United States
of America
A Proclamation
1. Pursuant to section 503(c)(2)(A) of the Trade Act of 1974, as
amended (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 Generalized System of
Preferences (GSP) to eligible articles.
2. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C))
provides that a country that is no longer treated as a beneficiary
developing country with respect to an eligible article may be
redesignated as a beneficiary developing country with respect to such
article if imports of such article from such country did not exceed the
competitive need limitations in section 503(c)(2)(A) of the 1974 Act
during the preceding calendar year.
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) (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) (19 U.S.C. 2463(c)(2)(F)(ii)).
4. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have
determined that certain beneficiary developing countries have exported
certain eligible articles in quantities exceeding the applicable
competitive need limitation in 2005, and I therefore terminate the duty-
free treatment for such articles from such beneficiary developing
countries.
5. Pursuant to section 503(c)(2)(C) of the 1974 Act, and subject to
the considerations set forth in sections 501 and 502 of the 1974 Act, I
have determined to redesignate certain countries as beneficiary
developing countries with respect to certain eligible articles that
previously had been imported in quantities exceeding the competitive
need limitations of section 503(c)(2)(A) of the 1974 Act.
6. 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, as set forth in Annex II to this proclamation.
7. In Proclamation 7758 of March 1, 2004, I determined that Barbados
had become a ``high income'' country, and terminated the designation of
Barbados as a beneficiary developing country for purposes of the GSP,
effective January 1, 2006. I have determined that an additional change
should be made to general note 4(d) of the Harmonized Tariff Schedule of
the United States (HTS) to reflect that determination.
8. Section 604 of the 1974 Act, as amended (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 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, including title V and section 604 of
the 1974 Act, do hereby proclaim:
(1) In order to provide that one or more countries that have not
been treated as beneficiary developing countries with respect to one or
more eligible articles should be redesignated as beneficiary developing
countries with respect to such article or articles for purposes of the
GSP, and, in order to provide that one or more countries should no
longer
[[Page 1252]]
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 provided in section A of Annex I to this
proclamation.
(2) In order to designate certain articles as eligible articles for
purposes of the GSP when imported from any beneficiary developing
country, the Rates of Duty 1-Special subcolumn for such HTS subheadings
is modified as provided in section B(1) of Annex I to this proclamation.
(3) In order to provide that one or more countries should not 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 such HTS subheadings is modified as provided for in
section B(2) of Annex I to this proclamation.
(4) 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 thirtieth day
of June, in the year of our Lord two thousand six, and of the
Independence of the United States of America the two hundred and
thirtieth.
George W. Bush
[Filed with the Office of the Federal Register, 8:48 a.m., July 3, 2006]
Note: This proclamation and its annex will be published in the Federal
Register on July 5.