Presidential Documents

38297 

Federal Register 

Vol. 73, No. 129 

Thursday, July 3, 2008 

Title 3— 

The President 

Proclamation 8272 of June 30, 2008 

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. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act (19 U.S.C. 

2461 and 2463(a)(1)(A)), the President may designate articles as eligible 

for preferential tariff treatment under the GSP. 

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 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. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides that the 

President shall terminate the designation of a country as a beneficiary developing country for purposes of the GSP if the President determines that 

such country has become a ‘‘high income’’ country as defined by the official 

statistics of the International Bank for Reconstruction and Development. 

Termination is effective on January 1 of the second year following the 

year in which such determination is made. 

7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined 

that in 2007 certain beneficiary developing countries have exported certain 

eligible articles in quantities exceeding the applicable competitive need limitations, and I therefore terminate the duty-free treatment for such articles 

from such beneficiary developing countries. 

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 

the 1974 Act should be disregarded with respect to certain eligible articles 

from certain beneficiary developing countries. 


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9. Pursuant to section 503(d)(1) of the 1974 Act, I have received the advice 

of the United States 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) of the 1974 Act (19 U.S.C. 2462(c)), 

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. Pursuant to section 502(e) of the 1974 Act, I have determined that 

Trinidad and Tobago has become a ‘‘high income’’ country, and I am terminating the designation of that country as a beneficiary developing country 

for purposes of the GSP, effective January 1, 2010. 

12. Section 502(a)(1) of the 1974 Act (19 U.S.C. 2462(a)(1)) authorizes the 

President to designate countries as beneficiary developing countries for purposes of the GSP. In Proclamation 7912 of June 29, 2005, I designated 

Serbia and Montenegro as a beneficiary developing country for purposes 

of the GSP. On June 3, 2006, upon Montenegro’s declaration of independence 

from Serbia and Montenegro, the country separated into two independent 

republics: the Republic of Serbia and the Republic of Montenegro. Pursuant 

to section 502 of the 1974 Act, and taking into account the factors set 

forth in section 502(c) of that Act, I have determined that, in light of 

the separation of Serbia and Montenegro into two countries, the Republic 

of Serbia and the Republic of Montenegro should each be designated as 

a beneficiary developing country for purposes of the GSP. 

13. 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, 114 Stat. 254) (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) and the eligibility criteria set forth in section 

502 of the 1974 Act (19 U.S.C. 2462). 

14. 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. 

15. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as added by section 

6002(a) of the Africa Investment Incentive Act of 2006 (division D of title 

VI of Public Law 109–432, 120 Stat. 2922), provides special rules for certain 

apparel articles imported from lesser developed beneficiary sub-Saharan African countries. 

16. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 

1974 Act, I have determined that the Union of the Comoros (Comoros) 

meets the eligibility requirements set forth or referenced therein, and I 

have decided to designate Comoros as an eligible sub-Saharan African country 

and beneficiary sub-Saharan African country. 

17. I have further determined that Comoros satisfies the criterion for treatment 

as a lesser developed beneficiary sub- Saharan African country under section 

112(c)(5)(D)(i) of the AGOA. 

18. On August 5, 2004, the United States entered into the Dominican Republic-Central America-United States Free Trade Agreement (the ‘‘Agreement’’) 


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with Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, 

and Nicaragua. The Congress approved the Agreement in section 101(a) 

of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (the ‘‘CAFTA-DR Act’’) (19 U.S.C. 4011). 

19. Pursuant to section 403(a) of the CAFTA-DR Act (19 U.S.C. 4111(a)), 

the President is to report biennially to the Congress on the matters described 

in that section and, as the President deems appropriate, in section 403(b)(2) 

of the CAFTA-DR Act (19 U.S.C. 4111(b)(2)). 

20. Pursuant to section 403(a)(4) of the CAFTA-DR Act (19 U.S.C. 4111(a)(4)), 

the President is to establish a mechanism to solicit public comments on 

the matters described in section 403(a)(3)(D) of the CAFTA-DR Act (19 

U.S.C. 4111(a)(3)(D)). 

21. In Presidential Proclamation 8213 of December 20, 2007, I modified 

the Harmonized Tariff Schedule of the United States (HTS) pursuant to 

section 1634 of the Pension Protection Act of 2006 (Public Law 109–280, 

120 Stat. 780) to carry out the understandings described in that section. 

Technical rectifications to the HTS are required to provide the intended 

tariff treatment. 

22. In Presidential Proclamation 8240 of April 17, 2008, pursuant to section 

503(c)(2)(A) of the 1974 Act, I modified the HTS to withdraw duty-free 

treatment for certain articles from Jamaica. A technical rectification to the 

HTS is required to provide the intended tariff treatment. 

23. 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. 

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 104 of the AGOA, section 301 

of title 3, United States Code (3 U.S.C. 301), and section 403 of the CAFTADR Act, do proclaim that: 

(1) 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 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 of Annex I to this 

proclamation. 

(3) In order to designate certain articles as 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 C 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 subheadings and to the beneficiary developing 

countries listed in Annex IV to this proclamation are revoked. 

(7) The designation of Trinidad and Tobago as a beneficiary developing 

country for purposes of the GSP is terminated, effective on January 1, 2010. 


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(8) In order to reflect this termination in the HTS, general note 4(a) to 

the HTS is modified by deleting ‘‘Trinidad and Tobago’’ from the list of 

independent countries, effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 1, 2010. 

(9) The Republic of Serbia is designated as a beneficiary developing country 

for purposes of the GSP. 

(10) In order to reflect this designation in the HTS, general note 4(a) is 

modified by deleting ‘‘Serbia and Montenegro’’ and adding in alphabetical 

order ‘‘Serbia’’ to the list of independent countries, effective with respect 

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

after the thirtieth day after the date of this proclamation. 

(11) The Republic of Montenegro is designated as a beneficiary developing 

country for purposes of the GSP. 

(12) In order to reflect this designation in the HTS, general note 4(a) is 

modified by adding in alphabetical order ‘‘Montenegro’’ to the list of independent countries, effective with respect to articles entered, or withdrawn 

from warehouse for consumption, on or after the thirtieth day after the 

date of this proclamation. 

(13) Comoros is designated as an eligible sub-Saharan African country and 

as a beneficiary sub-Saharan African country for purposes of the AGOA. 

(14) 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 ‘‘Union of the Comoros,’’ effective with respect to articles entered, or withdrawn from warehouse for 

consumption, on or after July 1, 2008. 

(15) For purposes of section 112(c) of the AGOA, Comoros is a lesser 

developed beneficiary sub-Saharan African country. 

(16) The modifications to the HTS set forth in Annexes I and IV 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. 

(17) The Secretary of Labor, in consultation with the United States Trade 

Representative, shall carry out the reporting function under sections 403(a) 

and 403(b)(2) of the CAFTA-DR Act. 

(18) The Secretary of Labor, in consultation with the United States Trade 

Representative, shall solicit public comments under section 403(a)(4) of the 

CAFTA-DR Act. 

(19) In order to provide the intended tariff treatment to certain articles 

of Jamaica, the HTS is modified as set forth in Annex V to this proclamation. 

(20) The modifications to the HTS set forth in Annex V to this proclamation 

shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date set forth in Annex V. 

(21) In order to provide the intended tariff treatment to goods subject to 

the understandings carried out in Proclamation 8213, the HTS is modified 

as set forth in Annex VI to this proclamation. 

(22) The modifications to the HTS set forth in Annex VI to this proclamation 

shall enter into effect on the date that the modifications to the HTS set 

out in section C or D of the Annex to Proclamation 8213, as appropriate, 

enter into force, and shall be effective with respect to goods entered, or 

withdrawn from warehouse for consumption, on or after that date. 


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(23) 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 thirtieth day 

of June in the year of our Lord two thousand eight, and of the Independence 

of the United States of America the two hundred and thirty-second. 

Billing code 3195–W8–P 


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[FR Doc. 08–1413 

Filed 7–2–08; 10:01 am] 

Billing code 7020–02–C 


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