[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Presidential Documents]
[Pages 31821-31827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15907]



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Part IV





The President





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Proclamation 8394--To Modify Duty-Free Treatment Under the Generalized 
System of Preferences, and for Other Purposes


                        Presidential Documents 



Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Proclamation 8394 of June 29, 2009

                
To Modify Duty-Free Treatment Under the 
                Generalized System of Preferences, and for Other 
                Purposes

                By the President of the United States of America

                A Proclamation

                 1. Pursuant to sections 501 and 503(a)(1)(A) of the 
                Trade Act of 1974, as amended (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 Generalized System of Preferences 
                (GSP).

                 2. Pursuant to section 503(c)(2)(A) of 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 GSP to 
                eligible articles.

                 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. Pursuant to section 503(c)(2)(E) of the 1974 Act 
                (19 U.S.C. 2463(c)(2)(E)), section 503(c)(2)(A)(i)(II) 
                shall not apply with respect to any eligible article if 
                a like or directly competitive article was not produced 
                in the United States on January 1, 1995.

                 7. Pursuant to sections 501 and 503(a)(1)(A) of the 
                1974 Act, and after receiving advice from the United 
                States International Trade Commission (the 
                ``Commission'') in accordance with section 503(e), I 
                have determined to designate certain articles as 
                eligible articles when imported from any beneficiary 
                developing country.

                 8. Pursuant to section 503(c)(2)(A) of the 1974 Act, I 
                have determined that in 2008 certain beneficiary 
                developing countries exported 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.

                 9. 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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                 10. Pursuant to section 503(d)(1) of the 1974 Act, I 
                have received the advice of the Commission on whether 
                any industry in the United States is likely to be 
                adversely affected by a waiver of the competitive need 
                limitations provided in section 503(c)(2)(A), and I 
                have determined, based on that advice and on the 
                considerations described in sections 501 and 502(c) (19 
                U.S.C. 2462(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.

                 11. 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.

                 12. Pursuant to section 503(c)(2)(E) of the 1974 Act, 
                I have determined that the limitation provided for in 
                section 503(c)(2)(A)(i)(II) shall not apply with 
                respect to subheading 7202.50.00 of the Harmonized 
                Tariff Schedule of the United States (HTS) because no 
                like or directly competitive article was produced in 
                the United States on January 1, 1995.

                 13. Section 2004(d)(8)(A) of the Miscellaneous Trade 
                and Technical Corrections Act of 2004 (Public Law 108-
                429, 118 Stat. 2434) amended subheading 9804.00.70 of 
                the HTS to provide the tariff treatment for certain 
                articles imported by or on the account of returning 
                United States residents. I have determined that it is 
                appropriate to make conforming changes to note 4 to 
                subchapter IV of chapter 98 of the HTS to reflect that 
                amendment.

                 14. On June 6, 2003, the United States and Chile 
                entered into the United States-Chile Free Trade 
                Agreement (USCFTA), which the Congress approved in 
                section 101(a) of the United States-Chile Free Trade 
                Agreement Implementation Act (the ``USCFTA Act'') (19 
                U.S.C. 3805 note). Proclamation 8334 of December 31, 
                2008, exercised authority under the USCFTA Act by 
                modifying the HTS to provide for an accelerated 
                schedule of duty elimination for specific originating 
                goods of Chile. Proclamation 8334 inadvertently omitted 
                modifications to the HTS necessary to implement the 
                accelerated schedule. I have determined that technical 
                corrections to the HTS are necessary to provide for the 
                intended tariff treatment.

                 15. Presidential Proclamation 8332 of December 29, 
                2008, implemented the tariff treatment called for under 
                certain provisions of the United States-Oman Free Trade 
                Agreement (USOFTA). I have determined that a technical 
                correction to the HTS is necessary to provide for the 
                intended tariff treatment.

                 16. 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, BARACK OBAMA, 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 
                title V and section 604 of the 1974 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 no longer 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 the corresponding HTS subheadings is 
                modified as set forth in section B of Annex I to this 
                proclamation.

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                 (3) In order to designate certain articles as eligible 
                articles for purposes of the GSP, the Rates of Duty 1-
                Special subcolumn for the corresponding 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 waiver 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 country 
                listed in Annex IV to this proclamation is revoked.

                 (7) In order to make technical corrections necessary 
                to provide the intended tariff treatment under the 
                Miscellaneous Trade and Technical Corrections Act of 
                2004, the USCFTA, and the USOFTA, the HTS is modified 
                as set forth in Annex V to this proclamation.

                 (8) 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.

                 (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.

                 IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-ninth day of June, in the year of our Lord two 
                thousand nine, and of the Independence of the United 
                States of America the two hundred and thirty-third.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

Billing code 3195-W9-P



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[FR Doc. E9-15907 Filed 7-1-09; 11:15 am]
BILLING CODE 7020-02-C