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]
[[Page 38903]]
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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
[[Page 38905]]
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
[[Page 38907]]
[GRAPHIC] [TIFF OMITTED] TR06JY10.000
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[GRAPHIC] [TIFF OMITTED] TR06JY10.001
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[GRAPHIC] [TIFF OMITTED] TR06JY10.002
[FR Doc. 2010-16588
Filed 7-2-10; 11:15 am]
Billing code 7020-02-C
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