[Weekly Compilation of Presidential Documents Volume 44, Number 15 (Monday, April 21, 2008)]
[Pages 537-539]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8240--To Take Certain Actions Under the African Growth and 
Opportunity Act and the Generalized System of Preferences and for Other 
Purposes

April 17, 2008

By the President of the United States

of America

A Proclamation

    1. Section 506A(a)(1) of the Trade Act of 1974, as amended (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).
    2. 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.
    3. Section 112(c) 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)), provides special rules for certain 
apparel articles imported from ``lesser developed beneficiary sub-
Saharan African countries.''
    4. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 
1974 Act, I have determined that the Republic of Togo (Togo) meets the 
eligibility requirements set forth or referenced therein, and I have 
decided to designate Togo as an eligible sub-Saharan African country and 
as a beneficiary sub-Saharan African country.
    5. I further determine that Togo satisfies the criterion for 
treatment as a ``lesser developed beneficiary sub-Saharan African 
country'' under section 112(c)(5)(D) of the AGOA, as amended.
    6. Presidential Proclamation 8114 of March 19, 2007, implemented 
section 112 of the AGOA, as amended. Technical corrections to the 
Harmonized Tariff Schedule of the United States (HTS) are necessary to 
implement the intended tariff treatment.
    7. Pursuant to sections 501 and 502(a) of the 1974 Act (19 U.S.C. 
2461, 2462(a)), the President is authorized to designate countries as 
beneficiary developing countries, and to designate any beneficiary 
developing country as a least-developed beneficiary developing country, 
for purposes of the Generalized System of Preferences (GSP) program.
    8. In Executive Order 12302 of April 1, 1981, the President 
designated the Solomon Islands as a beneficiary developing country for 
purposes of the GSP program. Pursuant to section 502(a)(2) of the 1974 
Act, and having considered the factors set forth in sections 501 and 
502(c), I have determined that the Solomon Islands should be designated 
as a least-developed beneficiary developing country for purposes of the 
GSP program.
    9. In calendar year 2006, imports from Jamaica under subheading 
2202.90.37 of the HTS exceeded the relevant competitive need limitation 
(CNL) set forth in 19 U.S.C. 2463(c)(2). Pursuant to section 
503(c)(2)(A) of the 1974 Act, where imports of articles exceed the 
relevant CNL in a calendar year, the President shall withdraw duty-free 
treatment for such article by July 1 of the following year and modify 
the HTS accordingly.
    10. On January 6, 1987, Colombia was granted a waiver of the CNL for 
imports under HTS subheading 1701.11.05. Despite

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the existing waiver of the CNL, on July 5, 2001, duty-free treatment was 
withdrawn in error for imports from Colombia under HTS subheading 
1701.11.05 because import levels exceeded the relevant CNL in calendar 
year 2000. A technical correction to the HTS is required to reflect the 
waiver of the CNL for imports from Colombia under HTS subheading 
1701.11.05.
    11. In Presidential Proclamation 8097 of December 29, 2006, I 
modified the HTS pursuant to section 1206(a) of the Omnibus Trade and 
Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to conform the HTS 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.
    12. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, 
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.
    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 but not limited to 
section 104 of the AGOA and title V and section 604 of the 1974 Act (19 
U.S.C. 2461-67, 2483), do proclaim that:
    (1) Togo is designated as an eligible sub-Saharan African country 
and as a beneficiary sub-Saharan African country for purposes of the 
AGOA.
    (2) 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 ``Republic of 
Togo,'' effective with respect to articles entered, or withdrawn from 
warehouse for consumption, on or after the thirtieth day after the date 
of this proclamation.
    (3) For purposes of section 112(c) of the AGOA, as amended, Togo is 
a lesser developed beneficiary sub-Saharan African country.
    (4) In order to provide the tariff treatment intended under section 
112 of the AGOA, as amended, the HTS is modified as set forth in the 
Annex to this proclamation.
    (5) The Solomon Islands is designated as a least-developed 
beneficiary developing country for purposes of the GSP program.
    (6) In order to reflect this designation in the HTS, general note 
4(b)(i) is modified by adding in alphabetical order ``The Solomon 
Islands,'' effective with respect to articles entered, or withdrawn from 
warehouse for consumption, on or after the sixty-fifth day after the 
date of this proclamation.
    (7) For purposes of the GSP program, in order to provide the 
intended tariff treatment for imports from Jamaica, under HTS subheading 
2202.90.37, general note 4(d) is modified by adding in numerical order 
``2202.90.37'' and by inserting ``Jamaica'' next to ``2202.90.37.''
    (8) For purposes of the GSP program, in order to provide the 
intended tariff treatment for imports from Colombia, under HTS 
subheading 1701.11.05, general note 4(d) is modified by deleting 
``Colombia'' from the list of countries enumerated next to HTS 
subheading ``1701.11.05.''
    (9) In order to conform the HTS to the Convention, additional U.S. 
note 3(d) to subchapter XX of chapter 98 and additional U.S. note 4(d) 
to subchapter XXI of chapter 98 of the HTS are each modified by deleting 
``5402.10.30, 5402.10.60,'' each place it occurs and by inserting in 
lieu thereof ``5402.11.30, 5402.11.60, 5402.19.30, 5402.19.60,'' in each 
case.
    (10) 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 seventeenth day 
of April, in the year of our Lord two thousand eight, and of the 
Independence of the United States of America the two hundred and thirty-
second.
                                                George W. Bush

[Filed with the Office of the Federal Register, 8:54 a.m., April 18, 
2008]

Note: This proclamation and its attached annex were published in the 
Federal Register on April 21.

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