United States Statutes at Large, Volume 121, 110th Congress, 1st Session

[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]

121 STAT. 2757
 
PROCLAMATION 8157--JUNE 28, 2007


Proclamation 8157 of 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
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. 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

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121 STAT. 2758

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.

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121 STAT. 2759

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.

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121 STAT. 2760

(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.

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121 STAT. 2761

(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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