Presidential Documents

59321

Federal Register

Vol. 65, No. 193

Wednesday, October 4, 2000

Title 3—

The President

Proclamation 7350 of October 2, 2000

To Implement the African Growth and Opportunity Act and

To Designate Eritrea as a Beneficiary Developing Country for

Purposes of the Generalized System of Preferences

By the President of the United States of America

A Proclamation

1. Section 111(a) of the African Growth and Opportunity Act (Title I of

Public Law 106–200) (AGOA) amends Title V of the Trade Act of 1974,

as amended (the ‘‘1974 Act’’), to provide, in new section 506A(a) (19 U.S.C.

2466a(a)), that the President is authorized to designate countries listed in

section 107 of the AGOA as ‘‘beneficiary sub-Saharan African countries.’’

2. Section 112(a) of the AGOA (19 U.S.C. 3721(a)) provides that eligible

textile and apparel articles that are imported directly into the customs territory of the United States from a beneficiary sub-Saharan African country

shall enter the United States free of duty and free of quantitative limitations,

provided that the country has satisfied the requirements of section 113(a)

of the AGOA (19 U.S.C. 3722(a)) relating to the establishment of procedures

to protect against unlawful transshipments, and section 113(b)(1)(B) of the

AGOA (19 U.S.C. 3722(b)(1)(B)) relating to the implementation of procedures

and requirements similar to those in chapter 5 of the North American

Free Trade Agreement (NAFTA).

3. Section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) provides special

rules for certain apparel articles imported from ‘‘lesser developed beneficiary

sub-Saharan African countries.’’

4. Section 112(c) of the AGOA (19 U.S.C. 3721(c)) provides that the President

shall eliminate the existing quotas on textile and apparel articles imported

into the United States (a) from Kenya within 30 days after that country

adopts an effective visa system to prevent unlawful transshipment of textile

and apparel articles and the use of counterfeit documents relating to the

importation of the articles into the United States, and (b) from Mauritius

within 30 days after that country adopts such a visa system.

5. In order to implement the tariff treatment provided under the AGOA,

it is necessary to modify the Harmonized Tariff Schedule of the United

States (HTS), thereby incorporating the substance of the relevant provisions

of the AGOA.

6. Sections 501 and 502 of 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).

7. Section 604 of the 1974 Act (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.

8. I have determined that it is appropriate to authorize the United States

Trade Representative (USTR) to perform the functions specified in sections

112(c) and 113(b)(1)(B) of the AGOA and to make the findings identified

in section 113(a) of the AGOA and to perform certain functions under

section 604 of the 1974 Act.

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9. For Sierra Leone, I have determined that it is appropriate to authorize

the USTR to determine the effective date of its designation as a beneficiary

sub-Saharan African country.

NOW, THEREFORE, I, WILLIAM J. CLINTON, 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, sections 111, 112, and 113 of the AGOA, and sections 501,

502, 506A, and 604 of the 1974 Act, do proclaim that:

(1) In order to provide for the preferential treatment provided for in

section 112(a) of the AGOA, the HTS is modified as provided in the Annex

to this proclamation.

(2) The following countries are designated as beneficiary sub-Saharan African countries pursuant to section 506A(a) of the 1974 Act:

Republic of Benin

Republic of Botswana

Republic of Cape Verde

Republic of Cameroon

Central African Republic

Republic of Chad

Republic of Congo

Republic of Djibouti

State of Eritrea

Ethiopia

Gabonese Republic

Republic of Ghana

Republic of Guinea

Republic of Guinea-Bissau

Republic of Kenya

Kingdom of Lesotho

Republic of Madagascar

Republic of Malawi

Republic of Mali

Islamic Republic of Mauritania

Republic of Mauritius

Republic of Mozambique

Republic of Namibia

Republic of Niger

Federal Republic of Nigeria

Republic of Rwanda

Democratic Republic of Sa ̃o Tome ́ and Principe

Republic of Senegal

Republic of Seychelles

Republic of Sierra Leone

Republic of South Africa

United Republic of Tanzania

Republic of Uganda

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Republic of Zambia

(3) For purposes of section 112(b)(3)(B) of the AGOA, the following designated beneficiary sub-Saharan African countries shall be considered lesser

developed beneficiary sub-Saharan African countries:

Republic of Benin

Republic of Cape Verde

Republic of Cameroon

Central African Republic

Republic of Chad

Republic of Congo

Republic of Djibouti

State of Eritrea

Ethiopia

Republic of Ghana

Republic of Guinea

Republic of Guinea-Bissau

Republic of Kenya

Kingdom of Lesotho

Republic of Madagascar

Republic of Malawi

Republic of Mali

Islamic Republic of Mauritania

Republic of Mozambique

Republic of Niger

Federal Republic of Nigeria

Republic of Rwanda

Democratic Republic of Sa ̃o Tome ́ and Principe

Republic of Senegal

Republic of Sierra Leone

United Republic of Tanzania

Republic of Uganda

Republic of Zambia

(4) The USTR is authorized to determine whether each designated beneficiary sub-Saharan African country has satisfied the requirements of section

113(a) of the AGOA relating to the establishment of procedures to protect

against unlawful transshipments and section 113(b)(1)(B) of the AGOA relating to the implementation of procedures and requirements similar in all

material respects to the relevant procedures and requirements under chapter

5 of the NAFTA. The determination or determinations of the USTR under

this paragraph shall be set forth in a notice or notices that the USTR

shall cause to be published in the Federal Register. Such notice or notices

shall modify the HTS by listing the countries that satisfy the requirements

of sections 113(a) and 113(b)(1)(B) of the AGOA. To implement such determination or determinations, the USTR is authorized to exercise the authority

provided to the President under section 604 of the 1974 Act to embody

modifications and technical or conforming changes in the HTS.

(5) The USTR is authorized to determine whether Kenya and Mauritius

have satisfied the requirements of section 112(c) of the AGOA. The determination or determinations of the USTR under this paragraph shall be set forth

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in a notice or notices that the USTR shall cause to be published in the

Federal Register. Within 30 days after any such determination by the USTR,

the USTR shall cause the existing quotas on textile and apparel articles

imported into the United States from such country to be eliminated by

direction to the appropriate agencies or departments. To implement such

determination or determinations, the USTR is authorized to exercise the

authority provided to the President under section 604 of the 1974 Act

to embody modifications and technical or conforming changes in the HTS.

(6) The USTR is authorized to determine the effective date of the designation of the Republic of Sierra Leone as a beneficiary sub-Saharan African

country and, therefore, the date upon which Sierra Leone will be considered

a lesser developed beneficiary sub-Saharan African country. The determination of the USTR under this paragraph shall be set forth in a notice that

the USTR shall cause to be published in the Federal Register. To implement

such determination, the USTR is authorized to exercise the authority provided to the President under section 604 of the 1974 Act to embody modifications and technical or conforming changes in the HTS.

(7) Pursuant to sections 501 and 502 of the 1974 Act, Eritrea is designated

as a beneficiary developing country for purposes of the GSP.

(8) In order to reflect in the HTS the designation of Eritrea as a beneficiary

developing country under the GSP, general note 4(a) to the HTS is modified

by inserting in alphabetical sequence ‘‘Eritrea’’ in the list of independent

countries.

(9) 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.

(10) This proclamation is effective on the date of signature of this proclamation, except that (a) the modifications to the HTS made by the Annex

to this proclamation, as further modified by any notice to be published

in the Federal Register as described in paragraph 4 of this proclamation,

shall be effective on the date announced by the USTR in such notice,

and (b) the designation of the Republic of Sierra Leone as a beneficiary

sub-Saharan African country shall be effective on the date announced by

the USTR in the Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this second day

of October, in the year of our Lord two thousand, and of the Independence

of the United States of America the two hundred and twenty-fifth.

Billing code 3195–01–P

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[FR Doc. 00–25692

Filed 10–3–00; 11:03 am]

Billing code 3190–01–C