[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.