    [Weekly Compilation of Presidential Documents Volume 44, Number 47 (Monday, December 1, 2008)]
    [Pages 1456-1459]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Proclamation 8323--To Provide for Duty-Free Treatment Under the Earned
    Import Allowance Program, and for Other Purposes

     November 25, 2008

     By the President of the United States

     of America

     A Proclamation

         1. Section 404 of the Dominican Republic-Central America-United
    States Free Trade Agreement Implementation Act (the ``CAFTA-DR Act''),
    as added by section 2 of Public Law 110-436, 122 Stat. 4976, provides
    for preferential tariff treatment of eligible apparel articles wholly
    assembled in an eligible country and imported directly from an eligible
    country, if such articles are accompanied by an earned import allowance
    certificate issued under a program established by the Secretary of
    Commerce.
        2. Section 404(e)(1) of the CAFTA-DR Act, as amended, provides that
    the program providing this preferential treatment shall be in effect for
    the 10-year period beginning on the date on which the President
    certifies to the appropriate congressional committees that sections A,
    B, C, and D of the Annex to Presidential Proclamation 8213 of December
    20, 2007, have taken effect.
        3. On August 7, 2008, the United States Trade Representative (USTR)
    published a notice in the Federal Register (73 FR 46057) announcing that
    August 15, 2008, would be the effective date for sections A, B, C, and D
    of the Annex to Presidential Proclamation 8213.
        4. I have determined, and hereby certify, that the provisions of
    Proclamation 8213 referenced in section 404(e)(1) of the CAFTA-DR Act,
    as amended, have taken effect.
        5. Section 6002 of the Africa Investment Incentive Act of 2006
    (division D, title VI of Public Law 109-432) (the ``2006 Act'') amended
    section 112(c) of the African Growth and Opportunity Act (AGOA) (19
    U.S.C. 3721(c)) to modify the preferential tariff treatment accorded to
    designated lesser developed beneficiary sub-Saharan African countries.
        6. Pursuant to section 6002 of the 2006 Act, in Proclamation 8114 of
    March 19, 2007, I proclaimed modifications to the Harmonized Tariff
    Schedule of the United States (HTS) to provide the tariff treatment
    authorized by the 2006 Act. The HTS provisions proclaimed in
    Proclamation 8114 were modified by Proclamation 8157 of June 28, 2007,
    and Proclamation 8240 of April 17, 2008, to provide the tariff treatment
    authorized by the 2006 Act.
        7. Section 3 of Public Law 110-436 amends section 112(c) of the AGOA
    to modify the tariff treatment applicable to lesser developed
    beneficiary sub-Saharan African countries, and to provide that Mauritius
    is to be treated as a lesser developed beneficiary sub-Saharan African
    country for purposes of the AGOA.
        8. Accordingly, in order to reflect the amendments to section 112(c)
    of the AGOA, I have determined that it is appropriate to modify the HTS
    to reflect the tariff treatment provided to lesser developed beneficiary
    sub-Saharan African countries and to provide that Mauritius is to be
    treated as a lesser developed beneficiary sub-Saharan African country
    for purposes of the AGOA.
        9. Section 203(e)(1)(A)(i) of the Andean Trade Preference Act, as
    amended (ATPA) (19 U.S.C. 3202(e)(1)(A)(i)), authorizes the President to
    withdraw or suspend the designation of any country as a beneficiary
    country for purposes of the ATPA if, after such designation, the
    President determines that as a result of changed circumstances such
    country should be barred from designation as a beneficiary country.

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        10. Section 3103 of the Andean Trade Promotion and Drug Eradication
    Act (Title XXXI of the Trade Act of 2002, Public Law 107-210) (ATPDEA)
    amended section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) by adding a
    new subparagraph (B)(i) authorizing the President to withdraw or suspend
    the designation of any country as a beneficiary country for purposes of
    the ATPDEA if, after such designation, the President determines that, as
    a result of changed circumstances, the performance of such country is
    not satisfactory under the eligibility criteria set forth in section
    204(b)(6)(B) of the ATPA, as amended (19 U.S.C. 3203(b)(6)(B)).
        11. Section 203(e)(2)(A) of the ATPA, as amended (19 U.S.C.
    3202(e)(2)(A)) requires the President to publish notice of the action he
    proposes to take at least 30 days before taking action under section
    203(e)(1) (19 U.S.C. 3202(e)(1)).
        12. On October 1, 2008, the USTR, at my direction, published a
    notice in the Federal Register (73 FR 57158) announcing that I proposed
    to suspend the designation of Bolivia as a beneficiary country for
    purposes of the ATPA and the ATPDEA based on Bolivia's failure to
    satisfy the eligibility criteria set forth in section 203(d)(11) and
    section 204(b)(6)(B)(v) of the ATPA, as amended (19 U.S.C. 3202(d)(11),
    3203(b)(6)(B)(v)).
        13. I have determined that Bolivia no longer satisfies the
    eligibility criterion in section 203(d)(11) of the ATPA, as amended.
    Therefore, pursuant to section 203(e)(1)(A)(i) of the ATPA, I have
    determined that, as a result of this changed circumstance, Bolivia's
    designation as an ATPA beneficiary country should be suspended.
        14. I have determined that Bolivia is no longer performing
    satisfactorily under the eligibility criterion in section
    204(b)(6)(B)(v) of the ATPA, as amended. Therefore, pursuant to section
    203(e)(1)(B)(i) of the ATPA, I have determined that, as a result of this
    changed circumstance, Bolivia's designation as an ATPDEA beneficiary
    country should be suspended.
        15. Presidential Proclamation 6641 of December 15, 1993, implemented
    the North American Free Trade Agreement (NAFTA) with respect to the
    United States and, pursuant to the North American Free Trade Agreement
    Implementation Act (Public Law 103-182) (the ``NAFTA Implementation
    Act''), incorporated in the HTS the tariff modifications and rules of
    origin necessary or appropriate to carry out the NAFTA.
        16. Section 202 of the NAFTA Implementation Act (19 U.S.C. 3332)
    provides rules for determining whether goods imported into the United
    States originate in the territory of a NAFTA country and thus are
    eligible for the tariff and other treatment contemplated under the
    NAFTA. Section 202(q) of the NAFTA Implementation Act (19 U.S.C.
    3332(q)) authorizes the President to proclaim, as a part of the HTS, the
    rules of origin set out in the NAFTA, and to proclaim modifications to
    such previously proclaimed rules of origin, subject to the consultation
    and layover requirements of section 103(a) of the NAFTA Implementation
    Act (19 U.S.C. 3313(a)).
        17. The United States and Canada have agreed to modify certain NAFTA
    rules of origin and to apply the modified rules to their bilateral
    trade. It is therefore necessary to modify the NAFTA rules of origin set
    out in Proclamation 6641.
        18. Section 1230 of the Tax Relief and Health Care Act of 2006
    (Public Law 109-432) temporarily modified the rate of duty on triphenyl
    phosphine. Modifications to the HTS are necessary to provide the
    intended tariff treatment.
        19. Presidential Proclamation 7011 of June 30, 1997, implemented the
    World Trade Organization Ministerial Declaration on Trade in Information
    Technology Products for the United States. Annex 1 to that proclamation
    failed to include certain products. Technical corrections and conforming
    changes to the HTS are necessary to provide the intended tariff
    treatment for those products.
        20. Section 604 of the Trade Act of 1974, as amended (19 U.S.C.
    2483) (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 404 of

    [[Page 1458]]

    the CAFTA-DR Act, as amended, section 104 of the AGOA, section 202 of
    the NAFTA Implementation Act, section 203 of the ATPA, as amended,
    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 eligible articles
    provided for in section 404 of the CAFTA-DR Act, as added by Public Law
    110-436, the HTS is modified as set forth in Annex A to this
    proclamation.
        (2) In order to reflect changes to the tariff treatment for certain
    apparel products under the AGOA, U.S. note 5 to subchapter XIX of
    chapter 98 of the HTS, subheadings 9819.15.10 through 9819.15.42,
    inclusive, and the superior text thereto are deleted from the HTS,
    effective with respect to articles entered, or withdrawn from warehouse
    for consumption, on or after October 31, 2008.
        (3) For purposes of section 112(c) of the AGOA, as amended,
    Mauritius is included as a lesser developed beneficiary sub-Saharan
    African country effective with respect to articles entered, or withdrawn
    from warehouse for consumption, on or after October 31, 2008.
        (4) The designation of Bolivia as a beneficiary country for purposes
    of the ATPA and ATPDEA is suspended effective on December 15, 2008.
    Accordingly, effective on that date, general note 11(a) to the HTS is
    modified by deleting ``Bolivia'' from the list of ATPA beneficiary
    countries. Further, general note 11(d) to the HTS is modified by
    deleting ``Bolivia'' from the list of ATPDEA beneficiary countries. In
    addition, U.S. note 1 to subchapter XXII of chapter 98 of the HTS is
    modified by removing ``Bolivia'' from the list of ATPDEA beneficiary
    countries.
        (5) In order to modify the rules of origin under the NAFTA, general
    note 12 to the HTS is modified as set forth in Annex B to this
    proclamation.
        (6) (a) The modifications to the HTS set forth in Annex A 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 A.
        (b) The modifications to the HTS set forth in Annex B to this
    proclamation shall enter into effect on the date that the USTR announces
    in a notice published in the Federal Register that Canada has completed
    its applicable domestic procedures to give effect to corresponding
    modifications to be applied to goods of the United States and shall be
    effective with respect to goods of Canada entered, or withdrawn from
    warehouse for consumption, on or after the date indicated in the notice.
        (7) In order to provide the intended tariff treatment to triphenyl
    phosphine and to correct the error identified in paragraph 19, the HTS
    is modified as provided in Annex C to this proclamation.
        (8) The modifications to the HTS made in Annex C to this
    proclamation shall be effective with respect to articles entered, or
    withdrawn from warehouse for consumption, on or after the date set out
    in that Annex.
        (9) The USTR shall notify the Congress of this proclamation and my
    certification as provided in section 404(e) of the CAFTA-DR Act, as
    amended.
        (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 twenty-fifth
    day of November, 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, 11:15 a.m., November
    26, 2008]

    Note: This proclamation and its annexes were released by the Office of
    the Press Secretary on November 26, and they were published in the
    Federal Register on November 28.

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