[Weekly Compilation of Presidential Documents Volume 45, Number 2 (Monday, January 19, 2009)]
[Pages 83-86]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8341--To Implement the United States-Peru Trade Promotion 
Agreement and For Other Purposes

 January 16, 2009

 By the President of the United States

 of America

 A Proclamation

    1. On April 12, 2006, the United States entered into the United 
States-Peru Trade Promotion Agreement (the ``Agreement''), and on June 
24 and June 25, 2007, the Parties to the Agreement signed a protocol 
amending the Agreement. Congress approved the Agreement as amended in 
section 101(a) of the United States-Peru Trade Promotion Agreement 
Implementation Act (the ``Implementation Act'') (Public Law 110-138, 121 
Stat. 1455) (19 U.S.C. 3805 note).
    2. Section 105(a) of the Implementation Act authorizes the President 
to establish or designate within the Department of Commerce an office 
that shall be responsible for providing administrative assistance to 
panels established under chapter 21 of the Agreement.
    3. Section 201 of the Implementation Act authorizes the President to 
proclaim such modifications or continuation of any duty, such 
continuation of duty-free or excise treatment, or such additional 
duties, as the President determines to be necessary or appropriate to 
carry out or apply Articles 2.3, 2.5, 2.6, 3.3.13 and Annex 2.3 of the 
Agreement.
    4. Section 201(d) of the Implementation Act authorizes the President 
to take such action as may be necessary in implementing the tariff-rate 
quotas set forth in Appendix I to the Schedule of the United States to 
Annex 2.3 of the Agreement to ensure that imports of agricultural goods 
do not disrupt the orderly marketing of commodities in the United 
States.
    5. Consistent with section 201(a)(2) of the Implementation Act, Peru 
is to be removed from the enumeration of designated beneficiary 
developing countries eligible for the benefits of the Generalized System 
of Preferences (GSP) on the date the Agreement enters into force. 
Further, consistent with section 604 of the Trade Act of 1974, as 
amended (the ``1974 Act'') (19 U.S.C. 2483), I have determined that 
other technical and conforming changes to the Harmonized Tariff Schedule 
of the United States (HTS) are necessary to reflect that Peru is no 
longer eligible to receive the benefits of the GSP.
    6. Section 203 of the Implementation Act sets forth certain rules 
for determining whether a good is an originating good for the purpose of 
implementing preferential tariff treatment provided for under the 
Agreement. I have decided that it is necessary to include these rules of 
origin, together with particular rules applicable to certain other 
goods, in the HTS.
    7. Section 203(o) of the Implementation Act authorizes the President 
to determine that a fabric, yarn, or fiber is or is not available in 
commercial quantities in a timely manner in the United States and Peru; 
to establish procedures governing the request for any such determination 
and ensuring appropriate public participation in any such determination; 
to add any fabric, yarn, or fiber determined to be not available in 
commercial quantities in a timely manner in the United States and Peru 
to the list in Annex 3-B of the Agreement in a restricted or 
unrestricted quantity; to eliminate a restriction on the quantity of a 
fabric, yarn, or fiber within 6 months after adding the fabric, yarn, or 
fiber to the list in Annex 3-B of the Agreement in a restricted 
quantity; and to restrict the quantity of, or remove from the list in 
Annex 3-B of the Agreement, certain fabrics, yarns, or fibers.
    8. Section 208 of the Implementation Act authorizes the President to 
take certain enforcement actions relating to trade with Peru in textile 
and apparel goods.
    9. Subtitle B of title III of the Implementation Act authorizes the 
President to take certain actions in response to a request by an

[[Page 84]]

interested party for relief from serious damage or actual threat thereof 
to a domestic industry producing certain textile or apparel articles.
    10. Executive Order 11651 of March 3, 1972, as amended, established 
the Committee for the Implementation of Textile Agreements (CITA), 
consisting of representatives of the Departments of State, the Treasury, 
Commerce, and Labor, and the Office of the United States Trade 
Representative, with the representative of the Department of Commerce as 
Chairman, to supervise the implementation of textile trade agreements. 
Consistent with section 301 of title 3, United States Code, when 
carrying out functions vested in the President by statute and assigned 
by the President to CITA, the officials collectively exercising those 
functions are all to be officers required to be appointed by the 
President with the advice and consent of the Senate.
    11. Presidential Proclamation 7971 of December 22, 2005, implemented 
the United States-Morocco Free Trade Agreement (USMFTA). The 
proclamation implemented, pursuant to section 201 of the United States-
Morocco Free Trade Agreement Implementation Act (the ``USMFTA Act'') 
(Public Law 108-302, 118 Stat. 1103) (19 U.S.C. 3805 note), the staged 
reductions in rates of duty that I determined to be necessary or 
appropriate to carry out or apply certain provisions of the USMFTA, 
including Articles 2.5 and 2.6. The proclamation inadvertently omitted 
two modifications to the HTS necessary to carry out the provisions of 
Articles 2.5 and 2.6 of the USMFTA. I have determined that technical 
corrections to the HTS are necessary to provide the intended tariff 
treatment under Articles 2.5 and 2.6 of the USMFTA.
    12. Presidential Proclamation 8039 of July 27, 2006, implemented the 
United States-Bahrain Free Trade Agreement (USBFTA). The proclamation 
implemented, pursuant to section 201 of the United State-Bahrain Free 
Trade Agreement Implementation Act (the ``USBFTA Act'') (Public Law 109-
169, 119 Stat. 3581), the staged reductions in rates of duty that I 
determined to be necessary or appropriate to carry out or apply certain 
provisions of the USBFTA, including Articles 2.5 and 2.6. The 
proclamation inadvertently omitted two modifications to the HTS 
necessary to carry out the provisions of Articles 2.5 and 2.6 of the 
USBFTA. I have determined that technical corrections to the HTS are 
necessary to provide the intended tariff treatment under Articles 2.5 
and 2.6 of the USBFTA.
    13. Presidential Proclamation 8331 of December 23, 2008, implemented 
the Dominican Republic-Central America-United States Free Trade 
Agreement (CAFTA-DR) for trade with Costa Rica. The proclamation 
implemented, pursuant to section 201 of the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act (the 
``CAFTA-DR Act'') (Public Law 109-53, 119 Stat. 467) (19 U.S.C. 4031), 
the duty treatment necessary to carry out or apply Articles 3.3 and 
3.27, and Annexes 3.3 (including the schedule of United States duty 
reductions with respect to originating goods) and 3.27, of the CAFTA-DR. 
I have determined that technical corrections to the HTS are necessary to 
provide the intended duty treatment under the CAFTA-DR.
    14. Section 604 of the 1974 Act, as amended, 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, 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 of America, including but not limited 
to section 604 of the 1974 Act; sections 105(a), 201, 203, 208, and 
subtitle B of title III of the Implementation Act; and section 301 of 
title 3, United States Code, and having made the determination under 
section 101(b) of the Implementation Act necessary for the exchange of 
notes, do hereby proclaim:
    (1) In order to provide generally for the preferential tariff 
treatment being accorded under the Agreement, to set forth rules for 
determining whether goods imported into the customs territory of the 
United States are

[[Page 85]]

eligible for preferential tariff treatment under the Agreement, to 
provide certain other treatment to originating goods of Peru for the 
purposes of the Agreement, to provide tariff-rate quotas with respect to 
certain originating goods of Peru, to reflect Peru's removal from the 
enumeration of designated beneficiary developing countries for purposes 
of the GSP, and to make technical and conforming changes in the general 
notes to the HTS, the HTS is modified as set forth in Annex I of 
Publication 4058 of the United States International Trade Commission, 
entitled, ``Modifications to the Harmonized Tariff Schedule of the 
United States to Implement the United States-Peru Trade Promotion 
Agreement'', which is incorporated by reference into this proclamation.

    (2) In order to implement the initial stage of duty elimination 
provided for in the Agreement and to provide for future staged 
reductions in duties for originating goods of Peru for purposes of the 
Agreement, the HTS is modified as provided in Annex II of Publication 
4058, effective on the dates specified in the relevant sections of such 
publication and on any subsequent dates set forth for such duty 
reductions in that publication.

    (3) The amendments to the HTS made by paragraphs (1) and (2) of this 
proclamation shall be effective with respect to goods entered, or 
withdrawn from warehouse for consumption, on or after the relevant dates 
indicated in Annex II to Publication 4058.

    (4) The Secretary of Commerce is authorized to exercise my authority 
under section 105(a) of the Implementation Act to establish or designate 
an office within the Department of Commerce to carry out the functions 
set forth in that section.

    (5) The United States Trade Representative (USTR) is authorized to 
exercise my authority under section 201(d) of the Implementation Act to 
take such action as may be necessary in implementing the tariff-rate 
quotas set forth in Appendix I to the Schedule of the United States to 
Annex 2.3 of the Agreement to ensure that imports of agricultural goods 
do not disrupt the orderly marketing of commodities in the United 
States.
This action is set forth in Annex I of Publication 4058.
    (6) The CITA is authorized to exercise my authority under section 
203(o) of the Implementation Act to determine that a fabric, yarn, or 
fiber is or is not available in commercial quantities in a timely manner 
in the United States and Peru; to establish procedures governing the 
request for any such determination and ensuring appropriate public 
participation in any such determination; to add any fabric, yarn, or 
fiber determined to be not available in commercial quantities in a 
timely manner in the United States and Peru to the list in Annex 3-B of 
the Agreement in a restricted or unrestricted quantity; to eliminate a 
restriction on the quantity of a fabric, yarn, or fiber within 6 months 
after adding the fabric, yarn, or fiber to the list in Annex 3-B of the 
Agreement in a restricted quantity; and to restrict the quantity of, or 
remove from the list in Annex 3-B of the Agreement, certain fabrics, 
yarns, or fibers.
    (7) The CITA is authorized to exercise my authority under section 
208 of the Implementation Act to exclude certain textile and apparel 
goods from the customs territory of the United States; to determine 
whether an enterprise's production of, and capability to produce, goods 
are consistent with statements by the enterprise; to find that an 
enterprise has knowingly or willfully engaged in circumvention; and to 
deny preferential tariff treatment to textile and apparel goods.
    (8) The CITA is authorized to exercise the functions of the 
President under subtitle B of title III of the Implementation Act to 
review requests, and to determine whether to commence consideration of 
such requests; to cause to be published in the Federal Register a notice 
of commencement of consideration of a request and notice seeking public 
comment; to determine whether imports of a Peruvian textile or apparel 
article are causing serious damage, or actual threat thereof, to a 
domestic industry producing an article that is like, or directly 
competitive with, the imported article; and to provide relief from 
imports of an article that is the subject of such a determination.

[[Page 86]]

    (9) The CITA, after consultation with the Commissioner of Customs 
(the ``Commissioner''), is authorized to consult with representatives of 
Peru for the purpose of identifying particular textile or apparel goods 
of Peru that are mutually agreed to be handloomed fabrics, handmade 
goods made of such handloomed fabrics, folklore goods, or handmade goods 
that substantially incorporate a historical or traditional regional 
design or motif, as provided in Article 3.3.12 of the Agreement. The 
Commissioner shall take actions as directed by the CITA to carry out any 
such determination.
    (10) The USTR is authorized to fulfill my obligations under section 
104 of the Implementation Act to obtain advice from the appropriate 
advisory committees and the United States International Trade Commission 
on the proposed implementation of an action by presidential 
proclamation; to submit a report on such proposed action to the 
appropriate congressional committees; and to consult with those 
congressional committees regarding the proposed action.
    (11) The USTR is authorized to modify U.S. note 29 to subchapter 
XXII of chapter 98 of the HTS in a notice published in the Federal 
Register to reflect modifications pursuant to paragraph (6) of this 
proclamation by the CITA to the list of fabrics, yarns, or fibers in 
Annex 3-B of the Agreement.
    (12) In order to make technical corrections necessary to provide the 
intended duty treatment under Articles 2.5 and 2.6 of the USMFTA, 
Articles 2.5 and 2.6 of the USBFTA, and the CAFTA-DR, the HTS is 
modified as set forth in Annex III of Publication 4058.
    (13) All 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 sixteenth day 
of January, in the year of our Lord two thousand nine, 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, 2:30 p.m., January 21, 
2009]

Note: This proclamation will be published in the Federal Register on 
January 22.