U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – – House Document 107–96

NOTIFICATION TO ADD THE REPUBLIC OF GEORGIA TO

THE LIST OF COUNTRIES UNDER THE GENERALIZED

SYSTEM OF PREFERENCES (GSP)

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

NOTIFICATION OF HIS INTENTION TO ADD THE REPUBLIC OF

GEORGIA TO THE LIST OF BENEFICIARY DEVELOPING COUNTRIES UNDER THE GENERALIZED SYSTEM OF PREFERENCES

(GSP), PURSUANT TO PUB. L. 104–188, SEC. 1952(a) (110 STAT.

1917)

JULY 10, 2001.—Referred to the Committee on Ways and Means and

ordered to be printed

(1)

THE WHITE HOUSE,

Washington, June 29, 2001.

Hon. J. DENNIS HASTERT,

Speaker of the House of Representatives,

Washington, DC.

DEAR MR. SPEAKER: Pursuant to section 502(f) of the Trade Act

of 1974, as amended (the ‘‘Act’’), I am writing to notify you of my

intent to add the Republic of Georgia to the list of beneficiary developing countries under the Generalized System of Preferences

(GSP). The GSP program offers duty-free access to the U.S. market

for a wide range of products from beneficiary developing countries.

I have considered the criteria set forth in sections 501 and 502

of the Act and have determined that it is appropriate to extend

GSP benefits to Georgia.

Sincerely,

GEORGE W. BUSH.

(3)

TO MODIFY DUTY-FREE TREATMENT UNDER THE GENERALIZED

SYSTEM OF PREFERENCES

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1. Sections 501 and 502 of the Trade Act of 1974, as amended

(the ‘‘1974 Act’’) (19 U.S.C. 2461 and 2462), authorize the President

to designate countries as beneficiary developing countries for purposes of the Generalized System of Preferences (GSP).

2. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A))

provides that beneficiary developing countries, except least-developed beneficiary developing countries or beneficiary sub-Saharan

African countries, are subject to competitive need limitations on the

preferential treatment afforded under the GSP to eligible articles.

3. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C))

provides that a country that is no longer treated as a beneficiary

developing country with respect to an eligible article may be redesignated as a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the

competitive need limitations in section 503(c)(2)(A) during the preceding calendar year.

4. Section 503(c)(2)(F) of the 1974 Act (19 U.S.C. 2463(c)(2)(F))

provides that the President may disregard the competitive need

limitation provided in section 503(c)(2)(A)(i)(II) (19 U.S.C.

2463(c)(2)(A)(i)(II)) with respect to any eligible article from any

beneficiary developing country if the aggregate appraised value of

the imports of such article into the United States during the preceding calendar year does not exceed an amount set forth in section

503(c)(2)(F)(ii) (19 U.S.C. 2463(c)(2)(F)(ii)).

5. Section 503(d) of the 1974 Act (19 U.S.C. 2463(d)) provides

that the President may waive the application of the competitive

need limitations in section 503(c)(2)(A) with respect to any eligible

article of any beneficiary developing country if certain conditions

are met.

6. Pursuant to sections 501 and 502 of the 1974 Act, and having

due regard for the eligibility criteria set forth therein, I have determined that it is appropriate to designate Georgia as a beneficiary

developing country for purposes of the GSP.

7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that certain beneficiary countries should no longer receive

preferential tariff treatment under the GSP with respect to certain

eligible articles imported in quantities that exceed the applicable

competitive need limitation.

8. Pursuant to section 503(c)(2)(C) of the 1974 Act, I have determined that certain countries should be redesignated as beneficiary

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developing countries with respect to certain eligible articles that

previously had been imported in quantities exceeding the competitive need limitations of section 503(c)(2)(A). For certain articles, I

have decided that the effective date of the redesignation shall be

determined by the United States Trade Representative (USTR).

9. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined that the competitive need limitation provided in section

503(c)(2)(A)(i)(II) should be waived with respect to certain eligible

articles from certain beneficiary developing countries. For certain

articles, I have decided that the effective date of the waiver shall

be determined by the USTR.

10. Pursuant to section 503(d) of the 1974 Act, I have determined

that the competitive need limitations of section 503(c)(2)(A) should

be waived with respect to certain eligible articles from a beneficiary

developing country. I have received the advice of the International

Trade Commission on whether any industries in the United States

are likely to be adversely affected by such waivers, and I have determined, based on that advice and on the considerations described

in sections 501 and 502(c), that such waivers are in the national

economic interest of the United States. I have decided that the effective date of the waivers shall be determined by the USTR.

11. 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

section 301 of title 3, United States Code, and title V and section

604 of the 1974 Act, do proclaim that:

(1) In order to reflect in the HTS the addition of Georgia as a

beneficiary developing country under the GSP, general note 4(a) to

the HTS is modified as provided in section A(1) of Annex I to this

proclamation.

(2) In order to provide that one or more countries that have not

been treated as beneficiary developing countries with respect to one

or more eligible articles should be redesignated as beneficiary developing countries with respect to such article or articles for purposes of the GSP, and in order to provide that one or more countries should no longer be treated as beneficiary developing countries with respect to one or more eligible articles for purposes of the

GSP, general note 4(d) to the HTS is modified as provided in section A(2) of Annex I and paragraph (1) of Annex III to this proclamation.

(3)(a) In order to provide preferential tariff treatment under the

GSP to a beneficiary developing country that has been excluded

from the benefits of the GSP for certain eligible articles, the Rates

of Duty 1—Special subcolumn for each of the HTS subheadings

enumerated in section A(3)(a) of Annex I and paragraph (2) of

Annex III to this proclamation is modified as provided in such section and paragraph.

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(b) In order to provide that one or more countries should not be

treated as beneficiary developing countries with respect to certain

eligible articles for purposes of the GSP, the Rates of Duty 1-Special subcolumn for each of the HTS subheadings enumerated in

section A(3)(b) of Annex I to this proclamation is modified as provided in such section.

(4) A waiver of the application of section 503(c)(2)(A)(i)(II) of the

1974 Act shall apply to the eligible articles in the HTS subheadings

and to the beneficiary developing countries listed in section B of

Annex I to this proclamation.

(5) A waiver of the application of section 503(c)(2)(A) of the 1974

Act shall apply to the eligible articles in the HTS subheadings and

to the beneficiary developing country set forth in Annex II to this

proclamation.

(6) 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.

(7)(a) The modifications made by Annex I to this proclamation

shall be effective with respect to articles entered, or withdrawn

from warehouse for consumption, on or after July 1, 2001.

(b) The action taken in paragraph (5) of this proclamation shall

be effective on the date of signature of this proclamation.

(c) The modifications made by Annex III to this proclamation

shall be effective with respect to articles entered, or withdrawn

from warehouse for consumption, on or after a date to be announced in the Federal Register by the USTR.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-ninth day of June, in the year of our Lord two thousand

one, and of the Independence of the United States of America the

two hundred and twenty-fifth.

GEORGE W. BUSH.

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