[Weekly Compilation of Presidential Documents Volume 44, Number 39 (Monday, October 6, 2008)]
[Pages 1281-1283]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8296--To Modify Duty-Free Treatment Under the Caribbean 
Basin Economic Recovery Act and For Other Purposes

 September 30, 2008

 By the President of the United States

 of America

 A Proclamation

    1. Section 213A(b) of the Caribbean Basin Economic Recovery Act (19 
U.S.C. 2703a(b)) (the ``CBERA''), as amended by section 15402(a)(2) of 
the Haitian Hemispheric Opportunity through Partnership Encouragement 
Act of 2008 (part 1 of subtitle D of title XV of Public Law 110-246, 122 
Stat. 2289) (the ``HOPE II Act''), provides that preferential tariff 
treatment may be provided for certain apparel and other articles 
originating in Haiti that are imported directly from Haiti or the 
Dominican Republic into the customs territory of the United States.
    2. Pursuant to section 213A(f)(3) of CBERA (19 U.S.C. 2703a(f)(3)), 
as redesignated by section 15403(2) of the HOPE II Act (122 Stat. 2302), 
apparel and other articles described in section 213A(b) of CBERA that 
are shipped from the Dominican Republic to the United States directly or 
through the territory of an intermediate country shall not qualify for 
the preferential tariff treatment provided for under section 213A(b) 
until the President certifies to the Congress that Haiti and the 
Dominican Republic have developed procedures to prevent unlawful 
transshipment of the articles and the use of counterfeit documents 
related to the importation of the articles into the United States.
    3. I have determined, and hereby certify, that Haiti and the 
Dominican Republic have developed the procedures described in section 
213A(f)(3) of CBERA.

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    4. Section 15406 of the HOPE II Act (122 Stat. 2308) authorizes the 
President to exercise the authority provided under section 604 of the 
Trade Act of 1974, as amended (19 U.S.C. 2483) (the ``1974 Act''), to 
proclaim such modifications to the Harmonized Tariff Schedule of the 
United States (HTS) as may be necessary to carry out the HOPE II Act.
    5. I have determined that it is appropriate to authorize the United 
States Trade Representative (USTR) to perform the following functions: 
the functions set forth in section 213A(d)(4) of CBERA, as amended (122 
Stat. 2307; 19 U.S.C. 2703a(d)(4)); the reporting function set forth in 
section 213A(e)(1)(B)(ii) of CBERA, as amended (122 Stat. 2302; 19 
U.S.C. 2703a(e)(1)(B)(ii)); the consultation function set forth in 
section 213A(e)(1)(C)(i) of CBERA, as amended (122 Stat. 2302-3; 19 
U.S.C. 2703a(e)(1)(C)(i)); and the functions set forth in section 
213A(e)(5) of CBERA, as amended (122 Stat. 2307; 19 U.S.C. 2703a(e)(5)).
    6. I have determined that it is appropriate to authorize the 
Secretary of Labor, in consultation with the USTR, to perform the 
functions related to identifying producers and seeking to provide 
assistance to such producers set forth in section 213A(e)(4)(B)(i) and 
(ii) of CBERA, as amended (122 Stat. 2306; 19 U.S.C. 2703a(e)(4)(B)(i), 
(ii)).
    7. In Presidential Proclamation 8272 of June 30, 2008, I waived, 
pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)), 
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 
certain articles from Turkey. A technical rectification to the HTS is 
required to provide the intended tariff treatment.
    8. Section 604 of the 1974 Act 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 section 15406 of 
the HOPE II Act, 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 for articles imported 
directly from Haiti or the Dominican Republic provided for in section 
213A(b) of CBERA, as amended by the HOPE II Act, the HTS is modified as 
set forth in the Annex to this proclamation.
    (2) The modifications to the HTS set forth in the Annex 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 the Annex.
    (3) The USTR is hereby authorized to perform the functions set forth 
in section 213A(d)(4) of CBERA; the reporting function set forth in 
section 213A(e)(1)(B)(ii) of CBERA; the consultation function set forth 
in section 213A(e)(1)(C)(i) of CBERA; and the functions set forth in 
section 213A(e)(5) of CBERA.
    (4) The Secretary of Labor, in consultation with the USTR, is hereby 
authorized to perform the functions related to identifying producers and 
seeking to provide assistance to such producers set forth in section 
213A(e)(4)(B)(i) and (ii) of CBERA.
    (5) In order to correct technical errors in Presidential 
Proclamation 8272, General Note 4(d) of the HTS is modified by deleting 
``7413.00.50 Turkey,'' and the Rates of Duty 1-Special subcolumn for HTS 
subheading 7413.00.50 is modified by deleting the symbol ``A*'' and 
inserting the symbol ``A'' in lieu thereof, effective with respect to 
goods entered, or withdrawn from warehouse for consumption, on or after 
July 1, 2008.
    (6) The USTR shall notify the Congress of this proclamation and 
certification.
    (7) 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 September, in the year of our Lord two thousand eight, and of the 
Independence of the United States of America the two hundred and thirty-
third.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 8:45 a.m., October 2, 
2008]

[[Page 1283]]

Note: This proclamation and its attached annex were published in the 
Federal Register on October 3.