[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Presidential Documents]
[Pages 35895-35905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3225]



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Part VII





The President





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Proclamation 8157--To Modify Duty-Free Treatment Under the Generalized 
System of Preferences, Take Certain Actions Under the African Growth 
and Opportunity Act, and for Other Purposes


                        Presidential Documents 



Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Proclamation 8157 of June 28, 2007

                
To Modify Duty-Free Treatment Under the 
                Generalized System of Preferences, Take Certain Actions 
                Under the African Growth and Opportunity Act, and for 
                Other Purposes

                By the President of the United States of America

                A Proclamation

                1. Pursuant to section 503(c)(2)(A) of the Trade Act of 
                1974, as amended (the ``1974 Act'')(19 U.S.C. 
                2463(c)(2)(A)), beneficiary developing countries, 
                except those designated as least-developed beneficiary 
                developing countries or beneficiary sub-Saharan African 
                countries as provided in section 503(c)(2)(D) of the 
                1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to 
                competitive need limitations on the preferential 
                treatment afforded under the Generalized System of 
                Preferences (GSP) to eligible articles.

                2. 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) of the 1974 Act during the 
                preceding calendar year.

                3. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)(i)) provides that the President may 
                disregard the competitive need limitation provided in 
                section 503(c)(2)(A)(i)(II) of the 1974 Act (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) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)(ii)).

                4. Pursuant to section 503(d)(1) of the 1974 Act (19 
                U.S.C. 2463(d)(1)), the President may waive the 
                application of the competitive need limitations in 
                section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(A)) with respect to any eligible article 
                from any beneficiary developing country if certain 
                conditions are met.

                5. Pursuant to section 503(d)(5) of the 1974 Act (19 
                U.S.C. 2463(d)(5)), any waiver granted under section 
                503(d) shall remain in effect until the President 
                determines that such waiver is no longer warranted due 
                to changed circumstances.

                6. Pursuant to section 503(c)(2)(A) of the 1974 Act, I 
                have determined that in 2006 certain beneficiary 
                developing countries have exported certain eligible 
                articles in quantities exceeding the applicable 
                competitive need limitation, and I therefore terminate 
                the duty-free treatment for such articles from such 
                beneficiary developing countries.

                7. Pursuant to section 503(c)(2)(C) of the 1974 Act, 
                and subject to the considerations set forth in sections 
                501 and 502 of the 1974 Act (19 U.S.C. 2461 and 2462), 
                I have determined to redesignate certain countries as 
                beneficiary 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) of the 1974 Act.

                8. 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) of

[[Page 35896]]

                the 1974 Act should be disregarded with respect to 
                certain eligible articles from certain beneficiary 
                developing countries.

                9. Pursuant to section 503(d)(1) of the 1974 Act, I 
                have received the advice of the United States 
                International Trade Commission (USITC) 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) of 
                the 1974 Act, and after giving great weight to the 
                considerations in section 503(d)(2) of the 1974 Act (19 
                U.S.C. 2463(d)(2)), that such waivers are in the 
                national economic interest of the United States. 
                Accordingly, I have determined that the competitive 
                need limitations of section 503(c)(2)(A) of the 1974 
                Act should be waived with respect to certain eligible 
                articles from certain beneficiary developing countries.

                10. Pursuant to section 503(d)(5) of the 1974 Act, I 
                have determined that certain previously granted waivers 
                of the competitive need limitations of section 
                503(c)(2)(A) of the 1974 Act are no longer warranted 
                due to changed circumstances.

                11. Section 506A(a)(1) of 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), authorizes the President to designate a 
                country listed in section 107 of the AGOA (19 U.S.C. 
                3706) as a beneficiary sub-Saharan African country if 
                the President determines that the country meets the 
                eligibility requirements set forth in section 104 of 
                the AGOA (19 U.S.C. 3703), as well as the eligibility 
                criteria set forth in section 502 of the 1974 Act (19 
                U.S.C. 2462).

                12. Section 104 of the AGOA authorizes the President to 
                designate a country listed in section 107 of the AGOA 
                as an eligible sub-Saharan African country if the 
                President determines that the country meets certain 
                eligibility requirements.

                13. Section 112(c) of the AGOA (19 U.S.C. 3721(c)) 
                provides special rules for certain apparel articles 
                imported from lesser developed beneficiary sub-Saharan 
                African countries.

                14. In Proclamation 7970 of December 22, 2005, I 
                determined that the Islamic Republic of Mauritania 
                (Mauritania) was not making continual progress in 
                meeting the requirements described in section 
                506A(a)(1) of the 1974 Act and terminated the 
                designation of Mauritania as a beneficiary sub-Saharan 
                African country for purposes of section 506A of the 
                1974 Act.

                15. Pursuant to section 104 of the AGOA and section 
                506A(a)(1) of the 1974 Act, I have determined that 
                Mauritania now meets the eligibility requirements set 
                forth or referenced therein, and I have decided to 
                redesignate Mauritania as an eligible sub-Saharan 
                African country and beneficiary sub-Saharan African 
                country.

                16. I further determine that Mauritania satisfies the 
                criterion for treatment as a ``lesser developed 
                beneficiary sub-Saharan African country'' under section 
                112(c) of the AGOA.

                17. Presidential Proclamation 8114 of March 19, 2007, 
                implemented section 112 of the AGOA, as amended in 
                section 6002 of the Africa Investment Incentive Act of 
                2006 (Division D, Title VI, Public Law 109-432)(19 
                U.S.C. 3721(c)(2)(A)). Technical corrections to the 
                Harmonized Tariff Schedule of the United States (HTS) 
                are necessary to implement the intended tariff 
                treatment.

                18. In Presidential Proclamation 8097 of December 29, 
                2006, I modified the HTS, pursuant to section 1206 of 
                the Omnibus Trade and Competitiveness Act of 1988 (the 
                ``1988 Act'') (19 U.S.C. 3006), to conform it to the 
                International Convention on the Harmonized Commodity 
                Description and Coding System (the ``Convention''). 
                Additional conforming changes to the HTS are required 
                to implement the intended tariff treatment.

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                19. Section 2004(b)(1)(B) of the Miscellaneous Trade 
                and Technical Corrections Act of 2004 (Public Law 108-
                429) amended section 213(b)(2)(A)(v) of the Caribbean 
                Basin Economic Recovery Act (19 U.S.C. 
                2703(b)(2)(A)(v)). A modification to the HTS needs to 
                be made to reflect this amendment.

                20. On April 22, 1985, the United States entered into 
                the Agreement on the Establishment of a Free Trade Area 
                between the Government of the United States of America 
                and the Government of Israel (the ``Israel FTA''), 
                which the Congress approved in the United States-Israel 
                Free Trade Area Implementation Act of 1985 (the 
                ``Israel FTA Act'')(19 U.S.C. 2112 note). In order to 
                maintain the general level of reciprocal and mutually 
                advantageous concessions with respect to agricultural 
                trade with Israel, on July 27, 2004, the United States 
                entered into an agreement with Israel concerning 
                certain aspects of trade in agricultural products 
                during the period January 1, 2004, through December 31, 
                2008 (the ``2004 Agreement'').

                21. Presidential Proclamation 7826 of October 4, 2004, 
                implemented the 2004 Agreement. Technical corrections 
                to the HTS are necessary to reflect the tariff 
                treatment intended under the 2004 Agreement for the 
                years 2007 and 2008.

                22. Section 604 of the 1974 Act, as amended (19 U.S.C. 
                2483), authorizes the President to embody in the 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 but not limited to title V and 
                section 604 of the 1974 Act, section 4 of the Israel 
                FTA Act, section 1206 of the 1988 Act, and section 104 
                of the AGOA, do hereby proclaim: (1) 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 set forth in section A 
                of Annex I to this proclamation.

                (2) In order to designate certain articles as eligible 
                articles for purposes of the GSP when imported from any 
                beneficiary developing country, the Rates of Duty 1-
                Special subcolumn for such HTS subheadings is modified 
                as set forth in section B(1) of Annex I to this 
                proclamation.

                (3) 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 such HTS subheadings is modified as set 
                forth in section B(2) of Annex I to this proclamation.

                (4) The competitive need limitation provided in section 
                503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with 
                respect to the eligible articles in the HTS subheadings 
                and to the beneficiary developing countries listed in 
                Annex II 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 
                countries set forth in Annex III to this proclamation.

                (6) The waivers of the application of section 
                503(c)(2)(A) of the 1974 Act to the articles in the HTS 
                subheading and to the beneficiary developing countries 
                listed in Annex IV to this proclamation are revoked.

                (7) Mauritania is designated as an eligible sub-Saharan 
                African country and as a beneficiary sub-Saharan 
                African country.

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                (8) In order to reflect this designation in the HTS, 
                general note 16(a) to the HTS is modified by inserting 
                in alphabetical sequence in the list of beneficiary 
                sub-Saharan African countries ``Islamic Republic of 
                Mauritania,'' effective with respect to articles 
                entered, or withdrawn from warehouse for consumption, 
                on or after July 1, 2007.

                (9) For purposes of section 112(c) of the AGOA, 
                Mauritania is a lesser developed beneficiary sub-
                Saharan African country.

                (10) In order to provide the tariff treatment intended 
                under section 112 of the AGOA, as amended, the HTS is 
                modified as set forth in section A of Annex V to this 
                proclamation.

                (11) In order to conform the HTS 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 section 
                B of Annex V to this proclamation.

                (12) In order to implement section 2004(b)(1)(B) of the 
                Miscellaneous Trade and Technical Corrections Act of 
                2004, the HTS is modified as set forth in section C of 
                Annex V to this proclamation.

                (13) In order to provide the tariff treatment intended 
                under the 2004 Agreement, the HTS is modified as set 
                forth in section D of Annex V to this proclamation.

                (14) The modifications to the HTS set forth in Annexes 
                I, IV, and V to this proclamation shall be effective 
                with respect to articles entered, or withdrawn from 
                warehouse for consumption, on or after the dates set 
                forth in the respective annex.

                (15) 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-eighth day of June, in the year of our Lord two 
                thousand seven, and of the Independence of the United 
                States of America the two hundred and thirty-first. 
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                    (Presidential Sig.)

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[FR Doc. 07-3225
Filed 6-28-07; 10:30 am]

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