Special Observances: Generalized System of Preferences Duty-Free Treatment; Modifications (Proc. 8539), 38903-38909 [2010-16588]

Agencies

[Federal Register: July 6, 2010 (Volume 75, Number 128)]
[Presidential Documents]               
[Page 38903-38909]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy10-141]                         


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Part III





The President





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Proclamation 8539--To Modify Duty-Free Treatment Under the Generalized 
System of Preferences



Proclamation 8540--Death of Robert C. Byrd, President Pro Tempore of 
the Senate



Memorandum of June 30, 2010--Long-Term Gulf Coast Restoration Support 
Plan


                        Presidential Documents 




___________________________________________________________________

Title 3--
The President

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                Proclamation 8539 of June 29, 2010

 
                To Modify Duty-Free Treatment Under the 
                Generalized System of Preferences

                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)(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.

                5. 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) (19 
                U.S.C. 2463(e)), I have determined to designate certain 
                articles as eligible articles when imported from any 
                beneficiary developing country.

                6. Pursuant to section 503(c)(2)(A) of the 1974 Act, I 
                have determined that in 2009 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.

                7. 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.

                8. Pursuant to section 503(d)(5) of the 1974 Act, I 
                have determined that a previously granted waiver of the 
                competitive need limitations of section 503(c)(2)(A) of 
                the 1974 Act is no longer warranted due to changed 
                circumstances.

                9. Section 604 of the 1974 Act (19 U.S.C. 2483) 
                authorizes the President to embody in the Harmonized 
                Tariff Schedule of the United States (HTS) the 
                substance of the relevant provisions of that Act, and 
                of other Acts affecting import treatment, and actions 
                thereunder, including the removal,

[[Page 38906]]

                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, by virtue of 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.
                    (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) 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 III to this proclamation is revoked.
                    (6) The modifications to the HTS set forth in 
                Annexes I, II, and III 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.
                    (7) 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 ten, and of the Independence of the United 
                States of America the two hundred and thirty-fourth.
                
                
                    (Presidential Sig.)

Billing code 3195-W9-P

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[FR Doc. 2010-16588
Filed 7-2-10; 11:15 am]

Billing code 7020-02-C