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Skriven 2007-06-28 23:31:02 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (070628i) for Thu, 2007 Jun 28
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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
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For Immediate Release Office of the Press Secretary June 28, 2007

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 A Proclamation by the President of the United States of
America

˙˙White House News


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. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C)) provides
that a country that is no longer treated as a beneficiary developing
country with respect to an eligible article may be redesignated as a
beneficiary developing country with respect to such article if imports of
such article from such country did not exceed the competitive need
limitations in section 503(c)(2)(A) of the 1974 Act during the preceding
calendar year.

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 (19 U.S.C. 2463(c)(2)(A)) 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)(A) of the 1974 Act, I have determined that
in 2006 certain beneficiary developing countries have exported certain
eligible articles in quantities exceeding the applicable competitive need
limitation, and I therefore terminate the duty-free treatment for such
articles from such beneficiary developing countries.

7. Pursuant to section 503(c)(2)(C) of the 1974 Act, and subject to the
considerations set forth in sections 501 and 502 of the 1974 Act (19 U.S.C.
2461 and 2462), I have determined to redesignate certain countries as
beneficiary developing countries with respect to certain eligible articles
that previously had been imported in quantities exceeding the competitive
need limitations of section 503(c)(2)(A) of the 1974 Act.

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.

9. Pursuant to section 503(d)(1) of the 1974 Act, I have received the
advice of the United States International Trade Commission (USITC) 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,
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. 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)(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).

12. 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.

13. Section 112(c) of the AGOA (19 U.S.C. 3721(c)) provides special rules
for certain apparel articles imported from lesser developed beneficiary sub
Saharan African countries.

14. In Proclamation 7970 of December 22, 2005, I determined that the
Islamic Republic of Mauritania (Mauritania) was not making continual
progress in meeting the requirements described in section 506A(a)(1) of the
1974 Act and terminated the designation of Mauritania as a beneficiary sub
Saharan African country for purposes of section 506A of the 1974 Act.

15. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 1974
Act, I have determined that Mauritania now meets the eligibility
requirements set forth or referenced therein, and I have decided to
redesignate Mauritania as an eligible sub Saharan African country and
beneficiary sub Saharan African country.

16. I further determine that Mauritania satisfies the criterion for
treatment as a "lesser developed beneficiary sub Saharan African country"
under section 112(c) of the AGOA.

17. Presidential Proclamation 8114 of March 19, 2007, implemented section
112 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)(2)(A)). Technical corrections to the Harmonized Tariff Schedule of
the United States (HTS) are necessary to implement the intended tariff
treatment.

18. In Presidential Proclamation 8097 of December 29, 2006, I modified the
HTS, pursuant to section 1206 of the Omnibus Trade and Competitiveness Act
of 1988 (the "1988 Act") (19 U.S.C. 3006), to conform it 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.

19. Section 2004(b)(1)(B) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Public Law 108 429) amended section
213(b)(2)(A)(v) of the Caribbean Basin Economic Recovery Act (19 U.S.C.
2703(b)(2)(A)(v)). A modification to the HTS needs to be made to reflect
this amendment.

20. On April 22, 1985, the United States entered into the Agreement on the
Establishment of a Free Trade Area between the Government of the United
States of America and the Government of Israel (the "Israel FTA"), which
the Congress approved in the United States-Israel Free Trade Area
Implementation Act of 1985 (the "Israel FTA Act")(19 U.S.C. 2112 note). In
order to maintain the general level of reciprocal and mutually advantageous
concessions with respect to agricultural trade with Israel, on July 27,
2004, the United States entered into an agreement with Israel concerning
certain aspects of trade in agricultural products during the period January
1, 2004, through December 31, 2008 (the "2004 Agreement").

21. Presidential Proclamation 7826 of October 4, 2004, implemented the 2004
Agreement. Technical corrections to the HTS are necessary to reflect the
tariff treatment intended under the 2004 Agreement for the years 2007 and
2008.

22. Section 604 of the 1974 Act, as amended (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 4 of the Israel FTA Act, section 1206
of the 1988 Act, and section 104 of the AGOA, do hereby proclaim:

(1) In order to provide that one or more countries that have not been
treated as beneficiary developing countries with respect to one or more
eligible articles should be redesignated as beneficiary developing
countries with respect to such article or articles for purposes of the GSP,
and, 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 designate certain articles as eligible articles for
purposes of the GSP when imported from any beneficiary developing country,
the Rates of Duty 1 Special subcolumn for such HTS subheadings is modified
as set forth in section B(1) of Annex I to this proclamation.

(3) 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(2) 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 subheading and to the beneficiary developing
countries listed in Annex IV to this proclamation are revoked.

(7) Mauritania is designated as an eligible sub Saharan African country and
as a beneficiary sub Saharan African country.

(8) 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 "Islamic Republic of Mauritania,"
effective with respect to articles entered, or withdrawn from warehouse for
consumption, on or after July 1, 2007.

(9) For purposes of section 112(c) of the AGOA, Mauritania is a lesser
developed beneficiary sub Saharan African country.

(10) In order to provide the tariff treatment intended under section 112 of
the AGOA, as amended, the HTS is modified as set forth in section A of
Annex V to this proclamation.

(11) In order to conform the HTS to the Convention or any amendment thereto
recommended for adoption, to promote the uniform application of the
Convention, to establish additional subordinate tariff categories, and to
make technical and conforming changes to existing provisions, the HTS is
modified as set forth in section B of Annex V to this proclamation.

(12) In order to implement section 2004(b)(1)(B) of the Miscellaneous Trade
and Technical Corrections Act of 2004, the HTS is modified as set forth in
section C of Annex V to this proclamation.

(13) In order to provide the tariff treatment intended under the 2004
Agreement, the HTS is modified as set forth in section D of Annex V to this
proclamation.

(14) 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.

(15) 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-eighth day of
June, in the year of our Lord two thousand seven, and of the Independence
of the United States of America the two hundred and thirty-first.

GEORGE W. BUSH

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