Presidential Documents

21515 

Federal Register 

Vol. 73, No. 77 

Monday, April 21, 2008 

Title 3— 

The President 

Proclamation 8240 of April 17, 2008 

To Take Certain Actions Under the African Growth and 

Opportunity Act and the Generalized System of Preferences 

and for Other Purposes 

By the President of the United States of America 

A Proclamation 

1. Section 506A(a)(1) of the Trade Act of 1974, as amended (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). 

2. 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. 

3. Section 112(c) 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)), provides special rules for certain apparel articles 

imported from ‘‘lesser developed beneficiary sub-Saharan African countries.’’ 

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

1974 Act, I have determined that the Republic of Togo (Togo) meets the 

eligibility requirements set forth or referenced therein, and I have decided 

to designate Togo as an eligible sub-Saharan African country and as a 

beneficiary sub-Saharan African country. 

5. I further determine that Togo satisfies the criterion for treatment as a 

‘‘lesser developed beneficiary sub-Saharan African country’’ under section 

112(c)(5)(D) of the AGOA, as amended. 

6. Presidential Proclamation 8114 of March 19, 2007, implemented section 

112 of the AGOA, as amended. Technical corrections to the Harmonized 

Tariff Schedule of the United States (HTS) are necessary to implement 

the intended tariff treatment. 

7. Pursuant to sections 501 and 502(a) of the 1974 Act (19 U.S.C. 2461, 

2462(a)), the President is authorized to designate countries as beneficiary 

developing countries, and to designate any beneficiary developing country 

as a least-developed beneficiary developing country, for purposes of the 

Generalized System of Preferences (GSP) program. 

8. In Executive Order 12302 of April 1, 1981, the President designated 

the Solomon Islands as a beneficiary developing country for purposes of 

the GSP program. Pursuant to section 502(a)(2) of the 1974 Act, and having 

considered the factors set forth in sections 501 and 502(c), I have determined 

that the Solomon Islands should be designated as a least-developed beneficiary developing country for purposes of the GSP program. 


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21516 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Presidential Documents 

9. In calendar year 2006, imports from Jamaica under subheading 2202.90.37 

of the HTS exceeded the relevant competitive need limitation (CNL) set 

forth in 19 U.S.C. 2463(c)(2). Pursuant to section 503(c)(2)(A) of the 1974 

Act, where imports of articles exceed the relevant CNL in a calendar year, 

the President shall withdraw duty-free treatment for such article by July 

1 of the following year and modify the HTS accordingly. 

10. On January 6, 1987, Colombia was granted a waiver of the CNL for 

imports under HTS subheading 1701.11.05. Despite the existing waiver of 

the CNL, on July 5, 2001, duty-free treatment was withdrawn in error for 

imports from Colombia under HTS subheading 1701.11.05 because import 

levels exceeded the relevant CNL in calendar year 2000. A technical correction to the HTS is required to reflect the waiver of the CNL for imports 

from Colombia under HTS subheading 1701.11.05. 

11. In Presidential Proclamation 8097 of December 29, 2006, I modified 

the HTS pursuant to section 1206(a) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to conform the HTS 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. 

12. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes 

the President to embody in the HTS the substance of relevant provisions 

of that Act, or other acts affecting import treatment, and of actions taken 

thereunder. 

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 104 of the AGOA and title V and section 604 of the 1974 Act 

(19 U.S.C. 2461–67, 2483), do proclaim that: 

(1) Togo is designated as an eligible sub-Saharan African country and as 

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

(2) 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 ‘‘Republic of Togo,’’ effective with 

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

on or after the thirtieth day after the date of this proclamation. 

(3) For purposes of section 112(c) of the AGOA, as amended, Togo is 

a lesser developed beneficiary sub-Saharan African country. 

(4) In order to provide the tariff treatment intended under section 112 

of the AGOA, as amended, the HTS is modified as set forth in the Annex 

to this proclamation. 

(5) The Solomon Islands is designated as a least-developed beneficiary developing country for purposes of the GSP program. 

(6) In order to reflect this designation in the HTS, general note 4(b)(i) 

is modified by adding in alphabetical order ‘‘The Solomon Islands,’’ effective 

with respect to articles entered, or withdrawn from warehouse for consumption, on or after the sixty-fifth day after the date of this proclamation. 

(7) For purposes of the GSP program, in order to provide the intended 

tariff treatment for imports from Jamaica, under HTS subheading 2202.90.37, 

general note 4(d) is modified by adding in numerical order ‘‘2202.90.37’’

and by inserting ‘‘Jamaica’’ next to ‘‘2202.90.37.’’

(8) For purposes of the GSP program, in order to provide the intended 

tariff treatment for imports from Colombia, under HTS subheading 

1701.11.05, general note 4(d) is modified by deleting ‘‘Colombia’’ from the 

list of countries enumerated next to HTS subheading ‘‘1701.11.05.’’


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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Presidential Documents 21517 

(9) In order to conform the HTS to the Convention, additional U.S. note 

3(d) to subchapter XX of chapter 98 and additional U.S. note 4(d) to subchapter XXI of chapter 98 of the HTS are each modified by deleting 

‘‘5402.10.30, 5402.10.60,’’ each place it occurs and by inserting in lieu 

thereof ‘‘5402.11.30, 5402.11.60, 5402.19.30, 5402.19.60,’’ in each case. 

(10) 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 seventeenth 

day of April, in the year of our Lord two thousand eight, and of the 

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

Billing code 3195–01–P 


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[FR Doc. 08–1168 

Filed 4–18–08; 8:54 am] 

Billing code 7020–02–P–C 


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