[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.

[[Page 1457]]

    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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