To Adjust the Rules of Origin Under the United States-Chile Free Trade Agreement and the United States-Singapore Free Trade Agreement, 1439-1477 [08-39]

Agencies

• Executive Office of the President
• Presidential Documents

[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Presidential Documents]
[Pages 1439-1477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-39]



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Part V





The President





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Proclamation 8214--To Adjust the Rules of Origin Under the United 
States-Chile Free Trade Agreement and the United States-Singapore Free 
Trade Agreement


                        Presidential Documents 



Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Proclamation 8214 of December 27, 2007

                
To Adjust the Rules of Origin Under the United 
                States-Chile Free Trade Agreement and the United 
                States-Singapore Free Trade Agreement

                By the President of the United States of America

                A Proclamation

                1. Section 1206(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (19 
                U.S.C. 3006(a)) authorizes the President to proclaim 
                modifications to the Harmonized Tariff Schedule of the 
                United States (HTS) based on the recommendations of the 
                U.S. International Trade Commission (the 
                ``Commission'') under section 1205 of the 1988 Act (19 
                U.S.C. 3005), if he determines that the modifications 
                are in conformity with United States obligations under 
                the International Convention on the Harmonized 
                Commodity Description and Coding System (the 
                ``Convention'') and do not run counter to the national 
                economic interest of the United States. In 2006, the 
                Commission recommended modifications to the HTS 
                pursuant to section 1205 of the 1988 Act to conform the 
                HTS to amendments made to the Convention. In 
                Presidential Proclamation 8097 of December 29, 2006, I 
                modified the HTS pursuant to section 1206 of the 1988 
                Act to conform the HTS to the amendments to the 
                Convention.

                2. Presidential Proclamation 7746 of December 30, 2003, 
                implemented the United States-Chile Free Trade 
                Agreement (USCFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-Chile 
                Free Trade Agreement Implementation Act (the ``USCFTA 
                Act'') (19 U.S.C. 3805 note), the staged reductions in 
                rates of duty that I determined to be necessary or 
                appropriate to carry out or apply articles 3.3 
                (including the schedule of United States duty 
                reductions with respect to originating goods set forth 
                in Annex 3.3 to the USCFTA), 3.7, 3.9, and 3.20(8), 
                (9), (10), and (11) of the USCFTA.

                3. In order to ensure the continuation of the staged 
                reductions in rates of duty for originating goods from 
                Chile in categories that were modified to conform to 
                the Convention, I proclaimed in Presidential 
                Proclamation 8097 modifications to the HTS that I 
                determined were necessary or appropriate to carry out 
                the duty reductions proclaimed in Proclamation 7746.

                4. Chile is a party to the Convention. Because the 
                substance of changes to the Convention are reflected in 
                slightly differing form in the national tariff 
                schedules of the parties to the USCFTA, the rules of 
                origin set out in Annex 4.1 of that Agreement must be 
                changed to ensure that the tariff and certain other 
                treatment accorded under the USCFTA to originating 
                goods will continue to be provided under the tariff 
                categories that were modified in Proclamation 8097. The 
                USCFTA parties have agreed to make these changes.

                5. Section 202 of the USCFTA provides certain rules for 
                determining whether a good is an originating good for 
                the purposes of implementing tariff treatment under the 
                USCFTA. Section 202(o) of the USCFTA Act authorizes the 
                President to proclaim the rules of origin set out in 
                the USCFTA and any subordinate tariff categories 
                necessary to carry out the USCFTA, subject to the 
                exceptions stated in section 202(o)(2)(A).

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                6. I have determined that the modifications to the HTS 
                proclaimed pursuant to section 202 of the USCFTA Act 
                and section 1206(a) of the 1988 Act are necessary or 
                appropriate to ensure the continuation of tariff and 
                certain other treatment accorded originating goods 
                under tariff categories modified in Proclamation 8097 
                and to carry out the duty reductions proclaimed in 
                Proclamation 7746.

                7. Presidential Proclamation 7747 of December 30, 2003, 
                implemented the United States-Singapore Free Trade 
                Agreement (USSFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Singapore Free Trade Agreement Implementation Act (the 
                ``USSFTA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in rates of duty that I determined necessary 
                or appropriate to carry out or apply articles 2.2, 2.5, 
                2.6, and 2.12 of the USSFTA and the schedule of 
                reductions with respect to the United States set forth 
                in Annex 2B of the USSFTA.

                8. In order to ensure the continuation of the staged 
                reductions in rates of duty for originating goods from 
                Singapore in categories that were modified to conform 
                to the Convention, in Presidential Proclamation 8097, I 
                proclaimed modifications to the HTS that I determined 
                were necessary or appropriate to carry out the duty 
                reductions proclaimed in Proclamation 7747.

                9. Singapore is a party to the Convention. Because the 
                substance of the changes to the Convention are 
                reflected in slightly differing form in the national 
                tariff schedules of the parties to the USSFTA, the 
                provisions set out in Annexes 3A and 3B of that 
                Agreement must be changed to ensure that the tariff and 
                certain other treatment accorded under the USSFTA to 
                originating goods will continue to be provided under 
                the tariff categories that were modified in 
                Presidential Proclamation 8097. The USSFTA parties have 
                agreed to make these changes.

                10. Section 202 of the USSFTA Act provides certain 
                rules for determining whether a good is an originating 
                good for the purposes of implementing tariff treatment 
                under the USSFTA. Section 202(o) of the USSFTA Act 
                authorizes the President to proclaim the rules of 
                origin set out in the USSFTA and any subordinate tariff 
                categories necessary to carry out the USSFTA, subject 
                to certain exceptions set out in section 202(o)(2)(A).

                11. I have determined that the modifications to the HTS 
                proclaimed pursuant to section 202 of the USSFTA Act 
                are necessary or appropriate to ensure that the tariff 
                and certain other treatment accorded originating goods 
                under tariff categories modified in Proclamation 8097 
                and to carry out the duty reductions proclaimed in 
                Proclamation 7747.

                12. Section 604 of the Trade Act of 1974, as amended 
                (the ``Trade Act'') (19 U.S.C. 2483), authorizes the 
                President to embody in the HTS the substance of the 
                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. Section 
                1206(c) of the 1988 Act, as amended (19 U.S.C. 
                3006(c)), provides that any modifications proclaimed by 
                the President under section 1206(a) of that Act may not 
                take effect before the thirtieth day after the date on 
                which the text of the proclamation is published in the 
                Federal Register.

                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 1206(a) of the 1988 Act, section 202 of the 
                USSFTA Act, section 202 of the USCFTA Act, and section 
                604 of the Trade Act, do proclaim that:

                (1) In order to reflect in the HTS the modifications to 
                the rules of origin under the USCFTA, general note 26 
                to the HTS is modified as provided in Annex I to this 
                proclamation.

                (2) In order to reflect in the HTS the modifications to 
                the rules of origin under the USSFTA, general note 25 
                to the HTS is modified as provided in Annex II to this 
                proclamation.

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                (3) 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.

                (4) The modifications and technical rectifications to 
                the HTS set forth in Annexes I and II to this 
                proclamation shall be effective with respect to goods 
                entered, or withdrawn from warehouse for consumption, 
                on or after the later of (i) February 1, 2008, or (ii) 
                the thirtieth day after the date of publication of this 
                proclamation in the Federal Register.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-seventh 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.)

Billing code 3195-01-P


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[FR Doc. 08-39
Filed 1-7-08; 8:45 am]
Billing code 7020-02-P-C