Presidential Documents

1439 

Federal Register 

Vol. 73, No. 5 

Tuesday, January 8, 2008 

Title 3— 

The President 

Proclamation 8214 of December 27, 2007 

To Adjust the Rules of Origin Under the United States-Chile 

Free Trade Agreement and the United States-Singapore Free 

Trade Agreement 

By the President of the United States of America 

A Proclamation 

1. Section 1206(a) of the Omnibus Trade and Competitiveness Act of 1988 

(the ‘‘1988 Act’’) (19 U.S.C. 3006(a)) authorizes the President to proclaim 

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

based on the recommendations of the U.S. International Trade Commission 

(the ‘‘Commission’’) under section 1205 of the 1988 Act (19 U.S.C. 3005), 

if he determines that the modifications are in conformity with United States 

obligations under the International Convention on the Harmonized Commodity Description and Coding System (the ‘‘Convention’’) and do not run 

counter to the national economic interest of the United States. In 2006, 

the Commission recommended modifications to the HTS pursuant to section 

1205 of the 1988 Act to conform the HTS to amendments made to the 

Convention. In Presidential Proclamation 8097 of December 29, 2006, I modified the HTS pursuant to section 1206 of the 1988 Act to conform the 

HTS to the amendments to the Convention. 

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

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

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

Trade Agreement Implementation Act (the ‘‘USCFTA 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. 

3. In order to ensure the continuation of the staged reductions in rates 

of duty for originating goods from Chile in categories that were modified 

to conform to the Convention, I proclaimed in Presidential Proclamation 

8097 modifications to the HTS that I determined were necessary or appropriate to carry out the duty reductions proclaimed in Proclamation 7746. 

4. Chile is a party to the Convention. Because the substance of changes 

to the Convention are reflected in slightly differing form in the national 

tariff schedules of the parties to the USCFTA, the rules of origin set out 

in Annex 4.1 of that Agreement must be changed to ensure that the tariff 

and certain other treatment accorded under the USCFTA to originating goods 

will continue to be provided under the tariff categories that were modified 

in Proclamation 8097. The USCFTA parties have agreed to make these 

changes. 

5. Section 202 of the USCFTA provides certain rules for determining whether 

a good is an originating good for the purposes of implementing tariff treatment 

under the USCFTA. Section 202(o) of the USCFTA Act authorizes the President to proclaim the rules of origin set out in the USCFTA and any subordinate tariff categories necessary to carry out the USCFTA, subject to the 

exceptions stated in section 202(o)(2)(A). 

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1440 Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Presidential Documents 

6. I have determined that the modifications to the HTS proclaimed pursuant 

to section 202 of the USCFTA Act and section 1206(a) of the 1988 Act 

are necessary or appropriate to ensure the continuation of tariff and certain 

other treatment accorded originating goods under tariff categories modified 

in Proclamation 8097 and to carry out the duty reductions proclaimed in 

Proclamation 7746. 

7. 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 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 United 

States set forth in Annex 2B of the USSFTA. 

8. In order to ensure the continuation of the staged reductions in rates 

of duty for originating goods from Singapore in categories that were modified 

to conform to the Convention, in Presidential Proclamation 8097, I proclaimed modifications to the HTS that I determined were necessary or appropriate to carry out the duty reductions proclaimed in Proclamation 7747. 

9. Singapore is a party to the Convention. Because the substance of the 

changes to the Convention are reflected in slightly differing form in the 

national tariff schedules of the parties to the USSFTA, the provisions set 

out in Annexes 3A and 3B of that Agreement must be changed to ensure 

that the tariff and certain other treatment accorded under the USSFTA 

to originating goods will continue to be provided under the tariff categories 

that were modified in Presidential Proclamation 8097. The USSFTA parties 

have agreed to make these changes. 

10. Section 202 of the USSFTA Act provides certain rules for determining 

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

tariff treatment under the USSFTA. Section 202(o) of the USSFTA Act 

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

and any subordinate tariff categories necessary to carry out the USSFTA, 

subject to certain exceptions set out in section 202(o)(2)(A). 

11. I have determined that the modifications to the HTS proclaimed pursuant 

to section 202 of the USSFTA Act are necessary or appropriate to ensure 

that the tariff and certain other treatment accorded originating goods under 

tariff categories modified in Proclamation 8097 and to carry out the duty 

reductions proclaimed in Proclamation 7747. 

12. 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 section 1206(a) of the 1988 Act, section 202 of the USSFTA Act, section 

202 of the USCFTA Act, and section 604 of the Trade Act, do proclaim 

that: 

(1) In order to reflect in the HTS the modifications to the rules of origin 

under the USCFTA, general note 26 to the HTS is modified as provided 

in Annex I to this proclamation. 

(2) In order to reflect in the HTS the modifications to the rules of origin 

under the USSFTA, general note 25 to the HTS is modified as provided 

in Annex II to this proclamation. 

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(3) 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. 

(4) The modifications and technical rectifications to the HTS set forth in 

Annexes I and II to this proclamation shall be effective with respect to 

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

the later of (i) February 1, 2008, or (ii) the thirtieth day after the date 

of publication of this proclamation in the Federal Register. 

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

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

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

thirty-second. 

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[FR Doc. 08–39 

Filed 1–7–08; 8:45 am] 

Billing code 7020–02–P–C 


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