[Weekly Compilation of Presidential Documents Volume 44, Number 26 (Monday, July 7, 2008)]
[Pages 928-932]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Proclamation 8272--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 30, 2008
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. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act (19
U.S.C. 2461 and 2463(a)(1)(A)), the President may designate articles as
eligible for preferential tariff treatment under the GSP.
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 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
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effect until the President determines that such waiver is no longer
warranted due to changed
6. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides that
the President shall terminate the designation of a country as a
beneficiary developing country for purposes of the GSP if the President
determines that such country has become a ``high income'' country as
defined by the official statistics of the International Bank for
Reconstruction and Development. Termination is effective on January 1 of
the second year following the year in which such determination is made.
7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have
determined that in 2007 certain beneficiary developing countries have
exported certain eligible articles in quantities exceeding the
applicable competitive need limitations, and I therefore terminate the
duty-free treatment for such articles from such beneficiary developing
countries.
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 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 (19 U.S.C. 2462(c)), 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. Pursuant to section 502(e) of the 1974 Act, I have determined
that Trinidad and Tobago has become a ``high income'' country, and I am
terminating the designation of that country as a beneficiary developing
country for purposes of the GSP, effective January 1, 2010.
12. Section 502(a)(1) of the 1974 Act (19 U.S.C. 2462(a)(1))
authorizes the President to designate countries as beneficiary
developing countries for purposes of the GSP. In Proclamation 7912 of
June 29, 2005, I designated Serbia and Montenegro as a beneficiary
developing country for purposes of the GSP. On June 3, 2006, upon
Montenegro's declaration of independence from Serbia and Montenegro, the
country separated into two independent republics: the Republic of Serbia
and the Republic of Montenegro. Pursuant to section 502 of the 1974 Act,
and taking into account the factors set forth in section 502(c) of that
Act, I have determined that, in light of the separation of Serbia and
Montenegro into two countries, the Republic of Serbia and the Republic
of Montenegro should each be designated as a beneficiary developing
country for purposes of the GSP.
13. 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, 114 Stat. 254) (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) and the eligibility criteria
set forth in section 502 of the 1974 Act (19 U.S.C. 2462).
14. 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.
15. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as added by
section 6002(a) of the Africa Investment Incentive Act of 2006 (division
D of title VI of Public Law 109-432, 120 Stat. 2922), provides special
rules for
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certain apparel articles imported from lesser developed beneficiary sub-
Saharan African countries.
16. Pursuant to section 104 of the AGOA and section 506A(a)(1) of
the 1974 Act, I have determined that the Union of the Comoros (Comoros)
meets the eligibility requirements set forth or referenced therein, and
I have decided to designate Comoros as an eligible sub-Saharan African
country and beneficiary sub-Saharan African country.
17. I have further determined that Comoros satisfies the criterion
for treatment as a lesser developed beneficiary sub-Saharan African
country under section 112(c)(5)(D)(i) of the AGOA.
18. On August 5, 2004, the United States entered into the Dominican
Republic-Central America-United States Free Trade Agreement (the
``Agreement'') with Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua. The Congress approved the Agreement
in section 101(a) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (the ``CAFTA-DR Act'')
(19 U.S.C. 4011).
19. Pursuant to section 403(a) of the CAFTA-DR Act (19 U.S.C.
4111(a)), the President is to report biennially to the Congress on the
matters described in that section and, as the President deems
appropriate, in section 403(b)(2) of the CAFTA-DR Act (19 U.S.C.
4111(b)(2)).
20. Pursuant to section 403(a)(4) of the CAFTA-DR Act (19 U.S.C.
4111(a)(4)), the President is to establish a mechanism to solicit public
comments on the matters described in section 403(a)(3)(D) of the CAFTA-
DR Act (19 U.S.C. 4111(a)(3)(D)).
21. In Presidential Proclamation 8213 of December 20, 2007, I
modified the Harmonized Tariff Schedule of the United States (HTS)
pursuant to section 1634 of the Pension Protection Act of 2006 (Public
Law 109-280, 120 Stat. 780) to carry out the understandings described in
that section. Technical rectifications to the HTS are required to
provide the intended tariff treatment.
22. In Presidential Proclamation 8240 of April 17, 2008, pursuant to
section 503(c)(2)(A) of the 1974 Act, I modified the HTS to withdraw
duty-free treatment for certain articles from Jamaica. A technical
rectification to the HTS is required to provide the intended tariff
treatment.
23. Section 604 of the 1974 Act (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 104 of the AGOA, section 301 of
title 3, United States Code (3 U.S.C. 301), and section 403 of the
CAFTA-DR Act, do proclaim that:
(1) 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 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
of Annex I to this proclamation.
(3) In order to designate certain articles as 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 C 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.
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(6) The waivers of the application of section 503(c)(2)(A) of the
1974 Act to the articles in the HTS subheadings and to the beneficiary
developing countries listed in Annex IV to this proclamation are
revoked.
(7) The designation of Trinidad and Tobago as a beneficiary
developing country for purposes of the GSP is terminated, effective on
January 1, 2010.
(8) In order to reflect this termination in the HTS, general note
4(a) to the HTS is modified by deleting ``Trinidad and Tobago'' from the
list of independent countries, effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or after
January 1, 2010.
(9) The Republic of Serbia is designated as a beneficiary developing
country for purposes of the GSP.
(10) In order to reflect this designation in the HTS, general note
4(a) is modified by deleting ``Serbia and Montenegro'' and adding in
alphabetical order ``Serbia'' to the list of independent countries,
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the thirtieth day after the date of this
proclamation.
(11) The Republic of Montenegro is designated as a beneficiary
developing country for purposes of the GSP.
(12) In order to reflect this designation in the HTS, general note
4(a) is modified by adding in alphabetical order ``Montenegro'' to the
list of independent countries, effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or after the
thirtieth day after the date of this proclamation.
(13) Comoros is designated as an eligible sub-Saharan African
country and as a beneficiary sub-Saharan African country for purposes of
the AGOA.
(14) 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 ``Union of the
Comoros'' effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after July 1, 2008.
(15) For purposes of section 112(c) of the AGOA, Comoros is a lesser
developed beneficiary sub-Saharan African country.
(16) The modifications to the HTS set forth in Annexes I and IV 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.
(17) The Secretary of Labor, in consultation with the United States
Trade Representative, shall carry out the reporting function under
sections 403(a) and 403(b)(2) of the CAFTA-DR Act.
(18) The Secretary of Labor, in consultation with the United States
Trade Representative, shall solicit public comments under section
403(a)(4) of the CAFTA-DR Act.
(19) In order to provide the intended tariff treatment to certain
articles of Jamaica, the HTS is modified as set forth in Annex V to this
proclamation.
(20) The modifications to the HTS set forth in Annex V to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the date set forth
in Annex V.
(21) In order to provide the intended tariff treatment to goods
subject to the understandings carried out in Proclamation 8213, the HTS
is modified as set forth in Annex VI to this proclamation.
(22) The modifications to the HTS set forth in Annex VI to this
proclamation shall enter into effect on the date that the modifications
to the HTS set out in section C or D of the Annex to Proclamation 8213,
as appropriate, enter into force, and shall be effective with respect to
goods entered, or withdrawn from warehouse for consumption, on or after
that date.
(23) 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 eight, and of the
Independence of the United States of America the two hundred and thirty-
second.
George W. Bush
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[Filed with the Office of the Federal Register, 10:01 a.m., July 2,
2008]
Note: This proclamation and its annexes were published in the Federal
Register on July 3.