Presidential Documents

77603

Federal Register 

Vol. 69, No. 247

Monday, December 27, 2004

Title 3— 

The President 

Proclamation 7858 of December 21, 2004

To Take Certain Actions Under the African Growth and 

Opportunity Act 

By the President of the United States of America 

A Proclamation

1. In Proclamation 7561 of May 16, 2002, I designated the Republic of 

Cote d’Ivoire as a beneficiary sub-Saharan African country pursuant to section 

506A(a)(1) of the Trade Act of 1974, as amended, (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) (AGOA)). I also provided 

that Cote d’Ivoire would be considered a lesser developed beneficiary subSaharan African country for purposes of section 112(b)(3)(B) of the AGOA 

(19 U.S.C. 3721(b)(3)(B)). 

2. In Proclamation 7350 of October 2, 2000, President Clinton delegated 

to the United States Trade Representative (USTR) the authority to perform 

the function specified in section 113(b)(1)(B) of the AGOA (19 U.S.C. 

3722(b)(1)(B)). In a Federal Register notice dated December 17, 2003, the 

USTR determined that Cote d’Ivoire had adopted an effective visa system 

and related procedures to prevent unlawful transshipment and the use of 

counterfeit documents and that Cote d’Ivoire had implemented and followed, 

or was making substantial progress toward implementing and following, 

certain customs procedures that assist the United States Customs Service 

in verifying the origin of the products. 

3. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes 

the President to terminate the designation of a country as a beneficiary 

sub-Saharan African country for purposes of section 506A if he determines 

that the country is not making continual progress in meeting the requirements 

described in section 506A(a)(1) of the 1974 Act, effective on January 1 

of the year following the year in which such determination is made. 

4. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined that 

Cote d’Ivoire is not making continual progress in meeting the requirements 

described in section 506A(a)(1) of the 1974 Act. Accordingly, I have decided 

to terminate the designation of Cote d’Ivoire as a beneficiary sub-Saharan 

African country for purposes of section 506A of the 1974 Act, effective 

on January 1, 2005. 

5. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President 

to embody in the Harmonized Tariff Schedule of the United States (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 sections 506A and 604 of 

the 1974 Act and section 301 of title 3, United States Code, do proclaim 

that: 

(1) The designation of Cote d’Ivoire as a beneficiary sub-Saharan African 

country for purposes of section 506A of the 1974 Act is terminated, effective 

on January 1, 2005. 

77604 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Presidential Documents 

(2) In order to reflect in the HTS that beginning January 1, 2005, Cote 

d’Ivoire shall no longer be designated as a beneficiary sub-Saharan African 

country, general note 16(a) to the HTS is modified by deleting ‘‘Republic 

of Cote d’Ivoire’’ from the list of beneficiary sub-Saharan African countries. 

Further, U.S. note 2(d) to subchapter XIX of chapter 98 is modified by 

removing ‘‘Cote d’Ivoire’’ from the list of lesser developed beneficiary subSaharan African countries, and U.S. note 7(a) to subchapter II and U.S. 

note 1 to subchapter XIX of chapter 98 of the HTS are modified by deleting 

‘‘Cote d’Ivoire’’ from the list of beneficiary sub-Saharan African countries 

eligible for certain textile and apparel benefits. 

(3) The modification to the HTS made by this proclamation shall be effective 

with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 1, 2005. 

(4) Any provisions of previous proclamations and executive orders that 

are inconsistent with this proclamation are superseded to the extent of 

such inconsistency. 

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first 

day of December, in the year of our Lord two thousand four, and of the 

Independence of the United States of America the two hundred and twentyBilling code 3195

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