[Weekly Compilation of Presidential Documents Volume 43, Number 12 (Monday, March 26, 2007)]
[Pages 354-355]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Proclamation 8114--To Implement Modifications to the Caribbean Basin
Economic Recovery Act and the African Growth and Opportunity Act and for
Other Purposes
March 19, 2007
By the President of the United States
of America
A Proclamation
1. Section 5002 of the Haitian Hemispheric Opportunity through
Partnership Encouragement Act of 2006 (Division D, Title V of Public Law
109-432)(the ``HOPE Act''), which amends the Caribbean Basin Economic
Recovery Act (Title II of the Trade and Development Act of 2000, Public
Law 106-200)(CBERA), provides that preferential tariff treatment may be
provided to certain articles that are imported directly from Haiti into
the customs territory of the United States, provided the President
determines that Haiti meets the eligibility requirements of section
213A(d) of CBERA, as amended (19 U.S.C. 2703a(d)), and Haiti is meeting
the conditions regarding enforcement of circumvention set forth in
section 213A(e) of CBERA, as amended (19 U.S.C. 2703a(e)(1)).
2. Section 6002 of the Africa Investment Incentive Act of 2006
(Division D, Title VI of Public Law 109-432) amends section 112 of the
African Growth and Opportunity Act (Title I of the Trade and Development
Act of 2000, Public Law 106-200)(AGOA) to modify the preferential tariff
treatment accorded to designated lesser developed beneficiary sub-
Saharan African countries.
3. Pursuant to section 213A(d) of CBERA, as amended (19 U.S.C.
2703a(d)), I have determined that Haiti meets the eligibility
requirements set forth in section 213A(d)(1).
4. Pursuant to section 213A(e) of CBERA, as amended (19 U.S.C.
2703a(e)), I have determined that Haiti is meeting the conditions set
forth therein.
5. In order to implement the tariff treatment provided under section
213A of CBERA, as amended (19 U.S.C. 2703a), and section 112(b)(8) and
112(c) of AGOA, as amended (19 U.S.C. 3721(b)(8) and (c)), it is
necessary to modify the Harmonized Tariff Schedule of the United States
(HTS).
6. Title I, subtitles A and B of the Tax Relief and Health Care Act
of 2006 (Public Law 109-432)(the ``Tax Relief Act'') suspended or
reduced duties on certain articles that were identified under provisions
of the HTS in effect on December 20, 2006. Presidential Proclamation
8097 of December 27, 2006, modified the HTS to conform it to the
International Convention on the Harmonized Commodity Description and
Coding System. Modifications to the HTS are necessary to reflect
accurately the suspension or reduction of duties that were enacted in
the Tax Relief Act.
7. 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 relevant provisions of that Act, or other acts
affecting import treatment, and of actions taken thereunder, including
the removal, modification, continuance, or imposition of any rate of
duty or other import restriction.
8. I have determined that it is appropriate to authorize the
Secretary of the Treasury to perform the functions specified in section
213A(f) of CBERA, as amended (19 U.S.C. 2703a(f)).
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 Act, and section 301 of title 3, United States Code, do proclaim
that:
(1) In order to provide the tariff treatment provided for in section
213A of CBERA, as amended (19 U.S.C. 2703a), the HTS is modified as
provided in Annex I to this proclamation.
(2) In order to implement the tariff treatment provided for in
section 112(b)(8) and section 112(c) of AGOA, as amended (19 U.S.C.
3721(b)(8) and (c)), the HTS is modified as provided in Annex II to this
proclamation.
(3) In order to provide the tariff treatment provided for in Title
I, subtitles A and B of the Tax Relief Act, and to make technical
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corrections to previously proclaimed provisions, the HTS is modified as
provided in Annex III to this proclamation.
(4) The modifications to the HTS set forth in the annexes to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the dates set
forth in the respective annex.
(5) The Secretary of the Treasury is hereby authorized to perform
the functions assigned to the President in section 213A(f) of CBERA, as
amended (19 U.S.C. 2703a(f)).
(6) 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 nineteenth day
of March, in the year of our Lord two thousand seven, and of the
Independence of the United States of America the two hundred and thirty-
first.
George W. Bush
[Filed with the Office of the Federal Register, 8:45 a.m., March 21,
2007]
Note: This proclamation and its attached annex were released by the
Office of the Press Secretary on March 20, and they were published in
the Federal Register on March 22.