[Weekly Compilation of Presidential Documents Volume 43, Number 26 (Monday, July 2, 2007)]
[Pages 884-887]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8157--To Modify Duty-Free Treatment Under the Generalized 
System of Preferences, Take Certain Actions Under the African Growth and 
Opportunity Act, and for Other Purposes

 June 28, 2007

 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) 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)).
    4. Pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C. 
2463(d)(1)), the President may waive the application of the competitive 
need limitations in section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 
2463(c)(2)(A)) with respect to any eligible article from any beneficiary 
developing country if certain conditions are met.
    5. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C. 
2463(d)(5)), any waiver granted under section 503(d) shall remain in 
effect until the President determines that such waiver is no longer 
warranted due to changed circumstances.
    6. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have 
determined that in 2006 certain beneficiary developing countries have 
exported certain eligible articles in quantities exceeding the 
applicable competitive need limitation, and I therefore terminate the 
duty-free treatment for such articles from such beneficiary developing 
countries.
    7. 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 (19 
U.S.C. 2461 and 2462), 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

[[Page 885]]

competitive need limitations of section 503(c)(2)(A) of the 1974 Act.
    8. 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.
    9. Pursuant to section 503(d)(1) of the 1974 Act, I have received 
the advice of the United States International Trade Commission (USITC) 
on whether any industries in the United States are likely to be 
adversely affected by such waivers, and I have determined, based on that 
advice and on the considerations described in sections 501 and 502(c) of 
the 1974 Act, 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 
section 503(c)(2)(A) of the 1974 Act should be waived with respect to 
certain eligible articles from certain beneficiary developing countries.
    10. Pursuant to section 503(d)(5) of the 1974 Act, I have determined 
that certain previously granted waivers of the competitive need 
limitations of section 503(c)(2)(A) of the 1974 Act are no longer 
warranted due to changed circumstances.
    11. Section 506A(a)(1) of the 1974 Act (19 U.S.C. 2466a(a)(1)), as 
added by section 111(a) of the African Growth and Opportunity Act (title 
I of Public Law 106-200)(AGOA), authorizes the President to designate a 
country listed in section 107 of the AGOA (19 U.S.C. 3706) as a 
beneficiary sub-Saharan African country if the President determines that 
the country meets the eligibility requirements set forth in section 104 
of the AGOA (19 U.S.C. 3703), as well as the eligibility criteria set 
forth in section 502 of the 1974 Act (19 U.S.C. 2462).
    12. Section 104 of the AGOA authorizes the President to designate a 
country listed in section 107 of the AGOA as an eligible sub-Saharan 
African country if the President determines that the country meets 
certain eligibility requirements.
    13. Section 112(c) of the AGOA (19 U.S.C. 3721(c)) provides special 
rules for certain apparel articles imported from lesser developed 
beneficiary sub-Saharan African countries.
    14. In Proclamation 7970 of December 22, 2005, I determined that the 
Islamic Republic of Mauritania (Mauritania) was not making continual 
progress in meeting the requirements described in section 506A(a)(1) of 
the 1974 Act and terminated the designation of Mauritania as a 
beneficiary sub-Saharan African country for purposes of section 506A of 
the 1974 Act.
    15. Pursuant to section 104 of the AGOA and section 506A(a)(1) of 
the 1974 Act, I have determined that Mauritania now meets the 
eligibility requirements set forth or referenced therein, and I have 
decided to redesignate Mauritania as an eligible sub-Saharan African 
country and beneficiary sub-Saharan African country.
    16. I further determine that Mauritania satisfies the criterion for 
treatment as a ``lesser developed beneficiary sub-Saharan African 
country'' under section 112(c) of the AGOA.
    17. Presidential Proclamation 8114 of March 19, 2007, implemented 
section 112 of the AGOA, as amended in section 6002 of the Africa 
Investment Incentive Act of 2006 (Division D, Title VI, Public Law 109-
432)(19 U.S.C. 3721(c)(2)(A)). Technical corrections to the Harmonized 
Tariff Schedule of the United States (HTS) are necessary to implement 
the intended tariff treatment.
    18. In Presidential Proclamation 8097 of December 29, 2006, I 
modified the HTS, pursuant to section 1206 of the Omnibus Trade and 
Competitiveness Act of 1988 (the ``1988 Act'') (19 U.S.C. 3006), to 
conform it to the International Convention on the Harmonized Commodity 
Description and Coding System (the ``Convention''). Additional 
conforming changes to the HTS are required to implement the intended 
tariff treatment.
    19. Section 2004(b)(1)(B) of the Miscellaneous Trade and Technical 
Corrections Act of 2004 (Public Law 108-429) amended section 
213(b)(2)(A)(v) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 
2703(b)(2)(A)(v)). A modification to the HTS needs to be made to reflect 
this amendment.

[[Page 886]]

    20. On April 22, 1985, the United States entered into the Agreement 
on the Establishment of a Free Trade Area between the Government of the 
United States of America and the Government of Israel (the ``Israel 
FTA''), which the Congress approved in the United States-Israel Free 
Trade Area Implementation Act of 1985 (the ``Israel FTA Act'')(19 U.S.C. 
2112 note). In order to maintain the general level of reciprocal and 
mutually advantageous concessions with respect to agricultural trade 
with Israel, on July 27, 2004, the United States entered into an 
agreement with Israel concerning certain aspects of trade in 
agricultural products during the period January 1, 2004, through 
December 31, 2008 (the ``2004 Agreement'').
    21. Presidential Proclamation 7826 of October 4, 2004, implemented 
the 2004 Agreement. Technical corrections to the HTS are necessary to 
reflect the tariff treatment intended under the 2004 Agreement for the 
years 2007 and 2008.
    22. 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 but not limited to title V and 
section 604 of the 1974 Act, section 4 of the Israel FTA Act, section 
1206 of the 1988 Act, and section 104 of the AGOA, 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 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 set forth 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 set forth 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 set forth in section 
B(2) of Annex I to this proclamation.

    (4) 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.

    (5) A waiver of the application of section 503(c)(2)(A) of the 1974 
Act shall apply to the eligible articles in the HTS subheadings and to 
the beneficiary developing countries set forth in Annex III to this 
proclamation.

    (6) The waivers of the application of section 503(c)(2)(A) of the 
1974 Act to the articles in the HTS subheading and to the beneficiary 
developing countries listed in Annex IV to this proclamation are 
revoked.

    (7) Mauritania is designated as an eligible sub-Saharan African 
country and as a beneficiary sub-Saharan African country.

    (8) In order to reflect this designation in the HTS, general note 
16(a) to the HTS is modified by inserting in alphabetical sequence in 
the list of beneficiary sub-Saharan African countries ``Islamic Republic 
of Mauritania,'' effective with respect to articles entered, or 
withdrawn from warehouse for consumption, on or after July 1, 2007.

    (9) For purposes of section 112(c) of the AGOA, Mauritania is a 
lesser developed beneficiary sub-Saharan African country.

    (10) In order to provide the tariff treatment intended under section 
112 of the AGOA, as amended, the HTS is modified as set forth in section 
A of Annex V to this proclamation.

[[Page 887]]

    (11) In order to conform the HTS to the Convention or any amendment 
thereto recommended for adoption, to promote the uniform application of 
the Convention, to establish additional subordinate tariff categories, 
and to make technical and conforming changes to existing provisions, the 
HTS is modified as set forth in section B of Annex V to this 
proclamation.
    (12) In order to implement section 2004(b)(1)(B) of the 
Miscellaneous Trade and Technical Corrections Act of 2004, the HTS is 
modified as set forth in section C of Annex V to this proclamation.
    (13) In order to provide the tariff treatment intended under the 
2004 Agreement, the HTS is modified as set forth in section D of Annex V 
to this proclamation.
    (14) The modifications to the HTS set forth in Annexes I, IV, and V 
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.
    (15) 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-eighth 
day of June, 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, 10:30 a.m., June 28, 
2007]

Note: This proclamation and its attached annex were published in the 
Federal Register on June 29.