Presidential Documents

Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2006 / Presidential Documents 453 

Proclamation 8097 of December 27, 2006 

To Modify the Harmonized Tariff Schedule of the United 

States, To Adjust Rules of Origin Under the United StatesAustralia Free Trade Agreement and for Other Purposes 

By the President of the United States of America 

A Proclamation 

1. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988 

(the ‘‘1988 Act’’) (19 U.S.C. 3005(a)) directs the United States International 

Trade Commission (the ‘‘Commission’’) to keep the Harmonized Tariff Schedule of the United States (HTS) under continuous review and periodically 

to recommend to the President such modifications to the HTS as the Commission considers necessary or appropriate to accomplish the purposes set 

forth in that subsection. The Commission has recommended modifications 

to the HTS pursuant to sections 1205(c) and (d) of the 1988 Act (19 U.S.C. 

3005(c) and (d)) to conform the HTS to amendments made to the International 

Convention on the Harmonized Commodity Description and Coding System 

(the ‘‘Convention’’). 

2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) authorizes the President 

to proclaim modifications to the HTS based on the recommendations of 

the Commission under section 1205 of the 1988 Act, if he determines that 

the modifications are in conformity with United States obligations under 

the Convention and do not run counter to the national economic interest 

of the United States. I have determined that the modifications to the HTS 

proclaimed in this proclamation pursuant to section 1206(a) of the 1988 

Act (19 U.S.C. 3006(a)) are in conformity with United States obligations 

under the Convention and do not run counter to the national economic 

interest of the United States. 

3. Presidential Proclamation 6641 of December 15, 1993, implemented the 

North American Free Trade Agreement (the ‘‘NAFTA’’) with respect to the 

United States and, pursuant to section 201 of the North American Free 

Trade Agreement Implementation Act (the ‘‘NAFTA Implementation Act’’) 

(19 U.S.C. 3331), the staged reductions in rates of duty that the President 

determined to be necessary or appropriate to carry out articles 302, 305, 

307, 308, and 703 and Annexes 302.2, 307.1, 308.1, 308.2, 300–B, 703.2, 

and 703.3 of the NAFTA. In order to ensure the continuation of such 

staged reductions in rates of duty for originating goods of Mexico under 

tariff categories that are being modified to reflect the amendments to the 

Convention, I have determined that additional modifications to the HTS 

are necessary or appropriate to carry out the duty reductions previously 

proclaimed. 

4. Presidential Proclamation 6763 of December 23, 1994, implemented with 

respect to the United States the trade agreements resulting from the Uruguay 

Round of multilateral trade negotiations, including Schedule XX-United 

States of America, annexed to the Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994 (Schedule XX), that were entered into 

pursuant to sections 1102(a) and (e) of the 1988 Act (19 U.S.C. 2902(a) 

and (e)) and approved in section 101(a) of the Uruguay Round Agreements 

Act (URAA) (19 U.S.C. 3511(a)). 


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5. Pursuant to the authority provided in section 111 of the URAA (19 

U.S.C. 3521) and sections 1102(a) and (e) of the 1988 Act, Proclamation 

6763 included the staged reductions in rates of duty that the President 

determined to be necessary or appropriate to carry out the provisions of 

Schedule XX. In order to ensure the continuation of such rates of duty 

for imported goods under tariff categories that are being modified to reflect 

the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty 

reductions previously proclaimed, including certain technical or conforming 

changes within the tariff schedule. 

6. Presidential Proclamation 7351 of October 2, 2000, implemented section 

211 of the United States-Caribbean Basin Trade Partnership Act (CBTPA) 

(title II of Public Law 106–200, 114 Stat. 286) in order to provide certain 

preferential tariff treatment to eligible articles that are the product of any 

country that the President designates as a ‘‘CBTPA beneficiary country’’

and that the President determines to have satisfied the requirements of 

section 213(b)(4)(A)(ii) of the Caribbean Basin Economic Recovery Act 

(CBERA) (19 U.S.C. 2703(b)(4)(A)(ii)). Section 213(b)(3) of the CBERA (19 

U.S.C. 2703(b)(3)) provides that the tariff treatment accorded at any time 

under the CBTPA to any article referred to in section 213(b)(1)(B) through 

(F) of the CBERA (19 U.S.C. 2703(b)(1)(B) through (F)) that is a CBTPA 

originating good shall be identical to the tariff treatment that is accorded 

at such time under Annex 302.2 of the NAFTA to an article described 

in the same 8-digit subheading of the HTS that is a good of Mexico and 

is imported into the United States. 

7. Pursuant to section 213(b) of the CBERA, Proclamation 7351 included 

the staged reductions in rates of duty that the President determined to 

be necessary or appropriate to provide such identical tariff treatment to 

CBTPA originating goods. In order to ensure the continuation of the rates 

of duty for imported goods under tariff categories that are being modified 

to reflect the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out 

the duty reductions previously proclaimed. 

8. Presidential Proclamation 7512 of December 7, 2001, implemented the 

Agreement Between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area (JFTA), with 

respect to the United States and, pursuant to section 101 of the United 

States-Jordan Free Trade Area Implementation Act (the ‘‘JFTA Act’’) (19 

U.S.C. 2112 note), the staged reductions in rates of duty that I determined 

to be necessary or appropriate to carry out the concessions set forth in 

Annex 2.1 to the JFTA. In order to ensure the continuation of such staged 

reductions in rates of duty for originating goods under tariff categories 

that are being modified to reflect the amendments to the Convention, I 

have determined that additional modifications to the HTS are necessary 

or appropriate to carry out the duty reductions previously proclaimed. 

9. Presidential Proclamation 7747 of December 30, 2003, implemented the 

United States-Singapore Free Trade Agreement (USSFTA) with respect to 

the United States and, pursuant to section 201 of the United States-Singapore 

Free Trade Agreement Implementation Act (the ‘‘USSFTA Act’’) (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 articles 2.2, 2.5, 2.6, 

and 2.12 of the USSFTA and the schedule of reductions with respect to 

the Republic of Singapore set forth in Annex 2B of the USSFTA. In order 

to ensure the continuation of such staged reductions in rates of duty for 

originating goods under tariff categories that are being modified to reflect 

the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty 

reductions previously proclaimed. 

10. Presidential Proclamation 7746 of December 30, 2003, implemented the 

United States-Chile Free Trade Agreement (USCFTA) with respect to the 


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Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2006 / Presidential Documents 455 

United States and, pursuant to section 201 of the United States-Chile Free 

Trade Agreement Implementation Act (the ‘‘CFTA Act’’) (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 articles 3.3 (including the schedule 

of United States duty reductions with respect to originating goods set forth 

in Annex 3.3 to the USCFTA), 3.7, 3.9, and 3.20(8), (9), (10), and (11) 

of the USCFTA. In order to ensure the continuation of such staged reductions 

in rates of duty for originating goods under tariff categories that are being 

modified to reflect the amendments to the Convention, I have determined 

that additional modifications to the HTS are necessary or appropriate to 

carry out the duty reductions previously proclaimed. 

11. Presidential Proclamation 7857 of December 20, 2004, implemented the 

United States-Australia Free Trade Agreement (USAFTA) with respect to 

the United States and, pursuant to section 201 of the United States-Australia 

Free Trade Agreement Implementation Act (the ‘‘USAFTA Act’’) (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 articles 2.3, 2.5, and 

2.6 of the USAFTA and the schedule of reductions with respect to Australia 

set forth in Annex 2B of the USAFTA. 

12. Because the substance of the changes to the Convention will be reflected 

in slightly differing form in the national tariff schedules of the parties 

to the USAFTA, the rules of origin set out in Annexes 4A and 5A of 

that Agreement must be changed to ensure that the tariff and certain other 

treatment accorded under the USAFTA to originating goods will continue 

to be provided under the tariff categories that are being modified to reflect 

the amendments to the Convention. The USAFTA parties have agreed to 

make these changes. 

13. Section 203 of the USAFTA Act provides certain rules for determining 

whether a good is an originating good for the purposes of implementing 

tariff treatment under the USAFTA. Section 203(o) of the USAFTA Act 

authorizes the President to proclaim the rules of origin set out in the USAFTA 

and any subordinate tariff categories necessary to carry out the USAFTA. 

14. I have determined that the modifications to the HTS proclaimed in 

this proclamation pursuant to sections 201 and 203 of the USAFTA Act 

are necessary or appropriate to ensure that the tariff and certain other 

treatment accorded under the USAFTA will continue to be given to originating goods under tariff categories that are being modified to reflect the 

amendments to the Convention and to carry out the duty reductions previously proclaimed. 

15. Presidential Proclamation 7971 of December 22, 2005, implemented the 

United States-Morocco Free Trade Agreement (USMFTA) with respect to 

the United States and, pursuant to section 201 of the United States-Morocco 

Free Trade Agreement Implementation Act (the ‘‘USMFTA Act’’) (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 articles 2.3, 2.5, 2.6, 

4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 4.3.15 of the USMFTA and 

the schedule of reductions with respect to Morocco set forth in Annex 

IV of the USMFTA. In order to ensure the continuation of such staged 

reductions in rates of duty for originating goods under tariff categories 

that are being modified to reflect the amendments to the Convention, I 

have determined that additional modifications to the HTS are necessary 

or appropriate to carry out the duty reductions previously proclaimed. 

16. Presidential Proclamations 7987 of February 28, 2006, 7991 of March 

24, 2006, 7996 of March 31, 2006, and 8034 of June 30, 2006, implemented 

the Dominican Republic-Central America-United States Free Trade Agreement 

(CAFTA–DR Agreement) with respect to the United States and, pursuant 

to section 201 of the Dominican Republic-Central America-United States 

Implementation Act (the ‘‘CAFTA–DR Act’’) (19 U.S.C. 4031), the staged 

reductions in rates of duty that I determined to be necessary or appropriate 

to carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and 3.28, and 


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Annexes 3.3 (including the schedule of the United States duty reductions 

with respect to originating goods), 3.27, and 3.28. In order to ensure the 

continuation of such staged reductions in rates of duty for originating goods 

under tariff categories that are being modified to reflect the amendments 

to the Convention, I have determined that additional modifications to the 

HTS are necessary or appropriate to carry out the duty reductions previously 

proclaimed. 

17. Presidential Proclamation 8039 of July 27, 2006, implemented the United 

States-Bahrain Free Trade Agreement (USBFTA) with respect to the United 

States and, pursuant to section 201 of the United States-Bahrain Free Trade 

Agreement Implementation Act (the ‘‘USBFTA Act’’) (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 articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, 

and the schedule of reductions with respect to Bahrain set forth in Annex 

2–B of the USBFTA. In order to ensure the continuation of such staged 

reductions in rates of duty for originating goods under tariff categories 

that are being modified to reflect the amendments to the Convention, I 

have determined that additional modifications to the HTS are necessary 

or appropriate to carry out the duty reductions previously proclaimed. 

18. Section 604 of the Trade Act of 1974, as amended (the ‘‘Trade Act’’) 

(19 U.S.C. 2483), authorizes the President to embody in the HTS the substance 

of the 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. Section 1206(c) 

of the 1988 Act, as amended (19 U.S.C. 3006(c)), provides that any modifications proclaimed by the President under section 1206(a) of that Act may 

not take effect before the thirtieth day after the date on which the text 

of the proclamation is published in the Federal Register. 

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 sections 1102 and 1206 of the 1988 Act, section 214 of the CBERA, 

section 201 of the NAFTA Implementation Act, section 111 of the URAA, 

section 101 of the JFTA Act, section 201 of the USSFTA Act, section 201 

of the USCFTA Act, sections 201 and 203 of the USAFTA Act, section 

201 of the USMFTA Act, section 201 of the CAFTA–DR Act, section 201 

of the USBFTA Act, and section 604 of the Trade Act do proclaim that: 

(1) In order to modify the HTS to conform it to the Convention or any 

amendment thereto recommended for adoption, to promote the uniform 

application of the Convention, to establish additional subordinate tariff categories, and to make technical and conforming changes to existing provisions, 

the HTS is modified as set forth in Annex I of Publication 3898 of the 

United States International Trade Commission, entitled, ‘‘Modifications to 

the Harmonized Tariff Schedule of the United States Under Section 1206 

of the Omnibus Trade and Competitiveness Act of 1988,’’ which is incorporated by reference into this proclamation. 

(2) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for originating 

goods of Mexico under the NAFTA that are classifiable in the provisions 

modified by Annex I of Publication 3898 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in section 

F of Annex II of Publication 3898, the rate of duty in the HTS set forth 

in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings 

enumerated in section F of Annex II shall be deleted and the rate of duty 

provided in such section inserted in lieu thereof. 

(3) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for goods under 

the terms of general note 17 to the HTS that are classifiable in the provisions 

modified by Annex I of Publication 3898 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in section 


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Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2006 / Presidential Documents 457 

H of Annex II of Publication 3898, the rate of duty in the HTS set forth 

in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings 

enumerated in section H of Annex II shall be deleted and the rate of 

duty provided in such section inserted in lieu thereof. 

(4) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for originating 

goods of Jordan under the JFTA that are classifiable in the provisions modified by Annex I of Publication 3898 and entered, or withdrawn from warehouse for consumption, on or after each of the dates specified in section 

D of Annex II of Publication 3898, the rate of duty in the HTS set forth 

in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings 

enumerated in section D of Annex II shall be deleted and the rate of 

duty provided in such section inserted in lieu thereof. 

(5) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for originating 

goods of Singapore under USSFTA that are classifiable in the provisions 

modified by Annex I of Publication 3898 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in sections 

J of Annex II of Publication 3898, the rate of duty in the HTS set forth 

in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings 

enumerated in section J of Annex II shall be deleted and the rate of duty 

provided in such section inserted in lieu thereof. 

(6) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for originating 

goods of Chile under USCFTA that are classifiable in the provisions modified 

by Annex I of Publication 3898 and entered, or withdrawn from warehouse 

for consumption, on or after each of the dates specified in sections C, 

K, and L of Annex II of Publication 3898, the rate of duty in the HTS 

set forth in the Rates of Duty 1-Special subcolumn for each of the HTS 

subheadings enumerated in sections C, K, and L of Annex II shall be deleted 

and the rate of duty provided in such section inserted in lieu thereof. 

(7) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for originating 

goods of Australia under USAFTA that are classifiable in the provisions 

modified by Annex I of Publication 3898 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in section 

A of Annex II of Publication 3898, the rate of duty in the HTS set forth 

in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings 

enumerated in section A of Annex II shall be deleted and the rate of 

duty provided in such section inserted in lieu thereof. 

(8) In order to modify the rules of origin under the USAFTA to reflect 

the modifications to the HTS being made to conform it to the Convention 

and to make certain conforming changes, general note 28 to the HTS is 

further modified as provided in Annex III to Publication 3898. 

(9) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for originating 

goods of Morocco under USMFTA that are classifiable in the provisions 

modified by Annex I of Publication 3898 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in section 

E of Annex II of Publication 3898, the rate of duty in the HTS set forth 

in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings 

enumerated in section E of Annex II shall be deleted and the rate of duty 

provided in such section inserted in lieu thereof. 

(10) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for originating 

goods under general note 29 to the HTS that are classifiable in the provisions 

modified by Annex I of Publication 3898 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in section 

G of Annex II of Publication 3898, the rate of duty in the HTS set forth 


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in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings 

enumerated in section G of Annex II shall be deleted and the rate of 

duty provided in such section inserted in lieu thereof. 

(11) In order to provide for the continuation of previously proclaimed staged 

duty reductions in the Rates of Duty 1-Special subcolumn for originating 

goods of Bahrain under USBFTA that are classifiable in the provisions 

modified by Annex I of Publication 3898 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in section 

B of Annex II of Publication 3898, the rate of duty in the HTS set forth 

in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings 

enumerated in section B of Annex II shall be deleted and the rate of duty 

provided in such section inserted in lieu thereof. 

(12) 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. 

(13)(a) The modifications and technical rectifications to the HTS set forth 

in Annexes I and III to Publication 3898 shall be effective with respect 

to goods entered, or withdrawn from warehouse for consumption, on or 

after the later of (i) February 1, 2007, or (ii) the thirtieth day after the 

date of publication of this proclamation in the Federal Register. 

(b) The modifications to the HTS set forth in Annex II to Publication 3898 

shall be effective with respect to goods entered, or withdrawn from warehouse 

for consumption, on or after the respective dates specified in each section 

of such Annex for the goods described therein. 

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

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

Independence of the United States of America the two hundred and thirtyfirst. 

[FR Doc. 07–00004 

Filed 1–3–07; 11:03 am] 

Billing code 3195–01–P 


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