Trade: Generalized System of Preferences, Duty-Free Treatment; Modifications (Proc. 8394), 31819-31827 [E9-15907]

Agencies

[Federal Register: July 2, 2009 (Volume 74, Number 126)]
[Presidential Documents]
[Page 31819-31823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy09-120]


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Part IV





The President





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Proclamation 8394--To Modify Duty-Free Treatment Under the Generalized
System of Preferences, and for Other Purposes


                        Presidential Documents




___________________________________________________________________

Title 3--
The President

[[Page 31821]]

                Proclamation 8394 of June 29, 2009


                To Modify Duty-Free Treatment Under the
                Generalized System of Preferences, and for Other
                Purposes

                By the President of the United States of America

                A Proclamation

                 1. Pursuant to sections 501 and 503(a)(1)(A) of the
                Trade Act of 1974, as amended (the ``1974 Act'') (19
                U.S.C. 2461 and 2463(a)(1)(A)), the President may
                designate articles as eligible for preferential tariff
                treatment under the Generalized System of Preferences
                (GSP).

                 2. Pursuant to section 503(c)(2)(A) of 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 GSP to
                eligible articles.

                 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 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)(E) of the 1974 Act
                (19 U.S.C. 2463(c)(2)(E)), section 503(c)(2)(A)(i)(II)
                shall not apply with respect to any eligible article if
                a like or directly competitive article was not produced
                in the United States on January 1, 1995.

                 7. Pursuant to sections 501 and 503(a)(1)(A) of the
                1974 Act, and after receiving advice from the United
                States International Trade Commission (the
                ``Commission'') in accordance with section 503(e), I
                have determined to designate certain articles as
                eligible articles when imported from any beneficiary
                developing country.

                 8. Pursuant to section 503(c)(2)(A) of the 1974 Act, I
                have determined that in 2008 certain beneficiary
                developing countries exported eligible articles in
                quantities exceeding the applicable competitive need
                limitations, and I therefore terminate the duty-free
                treatment for such articles from such beneficiary
                developing countries.

                 9. 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.

[[Page 31822]]

                 10. Pursuant to section 503(d)(1) of the 1974 Act, I
                have received the advice of the Commission on whether
                any industry in the United States is likely to be
                adversely affected by a waiver of the competitive need
                limitations provided in section 503(c)(2)(A), and I
                have determined, based on that advice and on the
                considerations described in sections 501 and 502(c) (19
                U.S.C. 2462(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.

                 11. 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.

                 12. Pursuant to section 503(c)(2)(E) of the 1974 Act,
                I have determined that the limitation provided for in
                section 503(c)(2)(A)(i)(II) shall not apply with
                respect to subheading 7202.50.00 of the Harmonized
                Tariff Schedule of the United States (HTS) because no
                like or directly competitive article was produced in
                the United States on January 1, 1995.

                 13. Section 2004(d)(8)(A) of the Miscellaneous Trade
                and Technical Corrections Act of 2004 (Public Law 108-
                429, 118 Stat. 2434) amended subheading 9804.00.70 of
                the HTS to provide the tariff treatment for certain
                articles imported by or on the account of returning
                United States residents. I have determined that it is
                appropriate to make conforming changes to note 4 to
                subchapter IV of chapter 98 of the HTS to reflect that
                amendment.

                 14. On June 6, 2003, the United States and Chile
                entered into the United States-Chile Free Trade
                Agreement (USCFTA), which the Congress approved in
                section 101(a) of the United States-Chile Free Trade
                Agreement Implementation Act (the ``USCFTA Act'') (19
                U.S.C. 3805 note). Proclamation 8334 of December 31,
                2008, exercised authority under the USCFTA Act by
                modifying the HTS to provide for an accelerated
                schedule of duty elimination for specific originating
                goods of Chile. Proclamation 8334 inadvertently omitted
                modifications to the HTS necessary to implement the
                accelerated schedule. I have determined that technical
                corrections to the HTS are necessary to provide for the
                intended tariff treatment.

                 15. Presidential Proclamation 8332 of December 29,
                2008, implemented the tariff treatment called for under
                certain provisions of the United States-Oman Free Trade
                Agreement (USOFTA). I have determined that a technical
                correction to the HTS is necessary to provide for the
                intended tariff treatment.

                 16. Section 604 of the 1974 Act (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, BARACK OBAMA, 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
                title V and section 604 of the 1974 Act, do proclaim
                that:

                (1) 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 provide that one or more countries
                should no longer 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 the corresponding HTS subheadings is
                modified as set forth in section B of Annex I to this
                proclamation.

[[Page 31823]]

                 (3) In order to designate certain articles as eligible
                articles for purposes of the GSP, the Rates of Duty 1-
                Special subcolumn for the corresponding HTS subheadings
                is modified as set forth in section C 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 waiver 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 country
                listed in Annex IV to this proclamation is revoked.

                 (7) In order to make technical corrections necessary
                to provide the intended tariff treatment under the
                Miscellaneous Trade and Technical Corrections Act of
                2004, the USCFTA, and the USOFTA, the HTS is modified
                as set forth in Annex V to this proclamation.

                 (8) 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.

                 (9) 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 June, in the year of our Lord two
                thousand nine, and of the Independence of the United
                States of America the two hundred and thirty-third.
                

                    (Presidential Sig.)


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[FR Doc. E9-15907 Filed 7-1-09; 11:15 am]
BILLING CODE 7020-02-C