African Growth and Opportunity Act; beneficiary country designations (Proc. 8098), 459–461 ,

Agencies

[Federal Register: January 4, 2007 (Volume 72, Number 2)]
[Presidential Documents]               
[Page 459-461]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja07-93]                         



                        Presidential Documents 




[[Page 459]]


                Proclamation 8098 of December 29, 2006

 
                To Take Certain Actions Under the African Growth 
                and Opportunity Act and the Generalized System of 
                Preferences

                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(b)(3)(B) of the AGOA (19 U.S.C. 
                3721(b)(3)(B)) 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 Liberia (Liberia) meets the eligibility 
                requirements set forth or referenced therein, and I 
                have decided to designate Liberia as an eligible sub-
                Saharan African country and as a beneficiary sub-
                Saharan African country.

                5. I further determine that Liberia satisfies the 
                criterion for treatment as a ``lesser developed 
                beneficiary sub-Saharan African country'' under section 
                112(b)(3)(B) of the AGOA.

                6. 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.

                7. Section 502(b)(1)(C) of the 1974 Act (19 U.S.C. 
                2462(b)(1)(C)) specifies that European Union Member 
                States may not be designated as beneficiary developing 
                countries for purposes of the GSP.

                8. Section 507(2) of the 1974 Act (19 U.S.C. 2467(2)) 
                provides that in the case of an association of 
                countries that is a free trade area or customs union, 
                or that is contributing to a comprehensive regional 
                economic integration among its members through 
                appropriate means, the President may provide that 
                members of such an association other than members that 
                are barred from designation under section 502(b) of the 
                1974 Act (19 U.S.C. 2462(b)) shall be treated as one 
                country for purposes of the GSP.

                9. Pursuant to section 502 of the 1974 Act, and taking 
                into account the factors set forth in section 502(c)(19 
                U.S.C. 2462(c)), I have determined that East Timor 
                should be designated as a beneficiary developing 
                country under the GSP.

[[Page 460]]

                10. Pursuant to section 502 of the 1974 Act, and having 
                considered the factors set forth in sections 501 and 
                502(c), I have also determined that East Timor should 
                be designated as a least-developed beneficiary 
                developing country for purposes of the GSP.

                11. In accordance with section 502(b)(1)(C) of the 1974 
                Act, I have determined that Bulgaria and Romania may no 
                longer be designated as beneficiary developing 
                countries for purposes of the GSP, effective for each 
                of these countries when it becomes a European Union 
                Member State.

                12. On June 29, 2005, I determined that currently 
                qualifying members of the South Asian Association for 
                Regional Cooperation (SAARC) should be treated as one 
                country for purposes of the GSP. In Proclamation 7912 
                of that date, I added SAARC and the currently 
                qualifying countries to general note 4(a) to the 
                Harmonized Tariff Schedule (HTS). Pursuant to section 
                507(2) of the 1974 Act, I have determined that 
                Afghanistan should be designated as a member of SAARC 
                for purposes of the GSP on the date that it becomes a 
                SAARC member.

                13. Section 604 of the 1974 Act (19 U.S.C. 2483), as 
                amended, authorizes the President to embody in the HTS 
                of the United States 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) Liberia is designated as an eligible sub-Saharan 
                African country and as a beneficiary sub-Saharan 
                African country.

                (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 Liberia,'' 
                effective with respect to articles entered, or 
                withdrawn from warehouse for consumption, on or after 
                January 1, 2007.

                (3) For purposes of section 112(b)(3)(B) of the AGOA, 
                Liberia is a lesser developed beneficiary sub-Saharan 
                African country.

                (4) East Timor is designated as a beneficiary 
                developing country for purposes of the GSP.

                (5) In order to reflect this designation in the HTS, 
                general note 4(a) to the HTS is modified by adding in 
                alphabetical order ``East Timor'' to the list entitled, 
                ``Independent Countries,'' effective with respect to 
                articles entered, or withdrawn from warehouse for 
                consumption, on or after the twentieth day after the 
                date of this proclamation.

                (6) East Timor is designated as a least-developed 
                beneficiary developing country for purposes of the GSP.

                (7) In order to reflect this designation in the HTS, 
                general note 4(b)(i) is modified by adding in 
                alphabetical order ``East Timor,'' 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.

                (8) Bulgaria and Romania shall no longer be designated 
                as beneficiary developing countries for purposes of the 
                GSP upon the date that each country becomes a European 
                Union Member State. The United States Trade 
                Representative shall announce each such date in a 
                notice published in the Federal Register.

                (9) In order to reflect these changes in the HTS, 
                general note 4(a) to the HTS is modified by deleting 
                ``Bulgaria'' and ``Romania'' from the list entitled, 
                ``Independent Countries,'' effective for each of these 
                countries with respect to articles entered, or 
                withdrawn from warehouse for consumption, on or

[[Page 461]]

                after the day on which that country becomes a European 
                Union Member State.

                (10) Afghanistan is designated as a member of the South 
                Asian Association for Regional Cooperation (SAARC) for 
                purposes of the GSP on the date that it becomes a SAARC 
                member. The United States Trade Representative shall 
                announce such date in a notice published in the Federal 
                Register.

                (11) In order to reflect this determination in the HTS, 
                general note 4(a) to the HTS is modified by adding in 
                alphabetical order ``Afghanistan'' to the list 
                entitled, ``Member Countries of the South Asian 
                Association for Regional Cooperation (SAARC),'' 
                effective with respect to articles entered, or 
                withdrawn from warehouse for consumption, on or after 
                the day on which Afghanistan becomes a SAARC member.

                (12) 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 December, in the year of our Lord 
                two thousand six, and of the Independence of the United 
                States of America the two hundred and thirty-first.
                
                
                    (Presidential Sig.)

[FR Doc. 07-00005
Filed 1-3-07; 11:03 am]

Billing code 3195-01-P
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