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[Federal Register: December 27, 2007 (Volume 72, Number 247)]
[Presidential Documents]
[Page 73553-73556]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de07-130]

[[Page 73553]]

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Part VI

The President

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Proclamation 8213--To Implement an Amendment to the Dominican Republic-
Central America-United States Free Trade Agreement

                        Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 73555]]

                Proclamation 8213 of December 20, 2007

                To Implement an Amendment to the Dominican
                Republic-Central America-United States Free Trade
                Agreement

                By the President of the United States of America

                A Proclamation

                1. On August 5, 2004, the United States entered into
                the Dominican Republic-Central America-United States
                Free Trade Agreement (the ``Agreement'') with Costa
                Rica, the Dominican Republic, El Salvador, Guatemala,
                Honduras, and Nicaragua (the ``Agreement countries'').
                The Congress approved the Agreement in section 101(a)
                of the Dominican Republic-Central America-United States
                Free Trade Agreement Implementation Act (the ``CAFTA-DR
                Act'') (19 U.S.C. 4011).

                2. The Parties to the Agreement entered into an
                amendment to the Agreement on July 27, August 6, and
                August 14, 2007 (the ``Amendment''). The terms of the
                Amendment are contained in letters of understanding
                between the United States and the Agreement countries
                described in sections 1634(a)(2) and 1634(b)(2) of the
                Pension Protection Act of 2006 (Public Law 109-280, 120
                Stat. 780).

                3. Section 1634 of the Pension Protection Act
                authorizes the President to proclaim modifications to
                the Harmonized Tariff Schedule of the United States
                (HTS) as necessary to carry out the understandings
                described therein subject, in the case of certain
                provisions of the Amendment, to the consultation and
                layover requirements in section 104 of the CAFTA-DR Act
                (19 U.S.C. 4014).

                4. Section 203(o) of the CAFTA-DR Act (19 U.S.C. 4033)
                authorizes the President to proclaim, as part of the
                HTS, the provisions set out in Annex 4.1 of the
                Agreement.

                5. Executive Order 11651 of March 3, 1972, as amended,
                established the Committee for the Implementation of
                Textile Agreements (CITA), consisting of
                representatives of the Departments of State, the
                Treasury, Commerce, and Labor, and the Office of the
                United States Trade Representative, with the
                representative of the Department of Commerce as
                Chairman, to supervise the implementation of textile
                trade agreements. Consistent with 3 U.S.C. 301, when
                carrying out functions vested in the President by
                statute and assigned by the President to CITA, the
                officials collectively exercising those functions are
                all to be officers required to be appointed by the
                President with the advice and consent of the Senate.

                6. Section 604 of the Trade Act of 1974, as amended
                (the ``1974 Act'') (19 U.S.C. 2483), 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 203 of the CAFTA-DR Act, section 1634 of the
                Pension Protection Act, section 301 of title 3, United
                States Code, and section 604 of the 1974 Act, do
                proclaim that:

[[Page 73556]]

                (1) In order to provide generally for the modifications
                in the rules for determining whether goods imported
                into the customs territory of the United States are
                eligible for preferential tariff treatment under the
                Agreement, to provide preferential tariff treatment for
                certain other goods under the Agreement, and to make
                technical and conforming changes in the general notes
                to the HTS, the HTS is modified as set forth in:

                 (a) Sections A, B, and C of the Annex to this
                proclamation; and

                 (b) Section D of that Annex.

                (2) The modifications to the HTS made by paragraph
                (1)(a) of this proclamation shall enter into effect on
                the date, as announced by the United States Trade
                Representative in the Federal Register, that the
                Amendment enters into force and shall be effective with
                respect to goods entered, or withdrawn from warehouse
                for consumption, on or after that date.

                (3) The modifications to the HTS made by paragraph
                (1)(b) of this proclamation shall enter into effect on
                the date, as announced by the United States Trade
                Representative in the Federal Register, that the
                Amendment has entered into force and the conditions set
                forth in paragraph (a), paragraph (b), or both, of
                footnote 1 to Appendix 4.1-B of the Agreement have been
                fulfilled, and shall be effective with respect to goods
                entered, or withdrawn from warehouse for consumption,
                on or after that date.

                (4) The CITA is authorized to exercise my authority
                under section 203(o) of the CAFTA-DR Act to implement
                Appendix 4.1-B of the Agreement by determining whether
                and, if so, by what amount, to increase in accordance
                with paragraph 3 or footnote 2 of that Appendix the
                quantitative limits in the provisions of the HTS set
                out in section D of the Annex to this proclamation.

                (5)The United States Trade Representative shall modify
                U.S. note 21 to subchapter XXII of chapter 98 of the
                HTS in a notice published in the Federal Register to
                reflect determinations pursuant to paragraph (4) of
                this proclamation by the CITA.

                (6) 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
                twentieth 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.
                

                    (Presidential Sig.)

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