For Immediate Release December 19, 2000 TO MODIFY DUTY-FREE TREATMENT UNDER THE GENERALIZED SYSTEM OF PREFERENCES FOR SUB-SAHARAN AFRICAN COUNTRIES AND FOR OTHER PURPOSES
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BY
THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
1. Section 506A(b)(1) of the Trade Act of 1974, as amended
(the "1974 Act") (19 U.S.C. 2466a(b)(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 provide duty-free treatment under the Generalized System
of Preferences (GSP) to any article described in section 503(b)(1)(B)
through (G) of the 1974 Act (19 U.S.C. 2463(b)(1) (B)-(G))
that is the growth, product, or manufacture of a designated
beneficiary sub-Saharan African country, if, after taking
into account the advice of the United States International
Trade Commission (USITC), the President determines that such
article is not import-sensitive in the context of imports
from beneficiary sub-Saharan African countries.
2. Proclamation 7350 of October 2, 2000, designated certain
countries listed in section 107 of the AGOA as beneficiary
sub-Saharan African countries.
3. Pursuant to section 506A(b)(1) of the 1974 Act, and having
taken into account the advice of the USITC, I have determined
that certain articles are not import-sensitive in the context
of imports from beneficiary sub-Saharan African countries.
I have determined to designate those articles as eligible
for duty-free treatment under the GSP. I have decided to designate
these articles by inserting the symbol "D" in the
Rates of Duty 1-Special subcolumn of the Harmonized Tariff
Schedule of the United States (HTS) for subheadings covering
such articles.
4. Section 213(b)(3)(A) of the Caribbean Basin Economic Recovery
Act (CBERA) (19 U.S.C. 2703(b)(3)(A)), as amended by section
211(a) of the United States-Caribbean Basin Trade Partnership
Act (Title II of Public Law 106-200) (CBTPA), provides that
the tariff treatment accorded at any time during the transition
period defined in section 213(b)(5)(D) of the CBERA (19 U.S.C.
2703(b)(5)(D)), as amended by section 211(a) of the CBTPA,
to certain articles that are originating goods of designated
CBTPA beneficiary countries shall be identical to the tariff
treatment that is accorded at such time under Annex 302.2
of the North American Free Trade Agreement (NAFTA) to an article
described in the same 8-digit subheading of the HTS that is
a good of Mexico and is imported into the United States. Such
articles are described in section 213(b)(1)(B) through (F)
of the CBERA (19 U.S.C. 2703(b)(1)(B)- (F)), as amended by
section 211(a) of the CBTPA.
5. Proclamation 7351 of October 2, 2000, designated certain
countries as CBTPA beneficiary countries and reflected in
the HTS the tariff treatment provided under the CBTPA, which
became effective on that date with respect to those CBTPA
beneficiary countries enumerated in a Federal Register notice
issued by the United States Trade Representative. The Annex
to Proclamation 7351 designated certain HTS subheadings covering
articles described in section 213(b)(1)(B) through (F) of
the CBERA as eligible for the tariff treatment authorized
by section 213(b)(3)(A) of the CBERA. Certain HTS provisions
covering watches and watch parts and footwear were inadvertently
omitted. I have determined that these provisions should be
designated as covering articles eligible for the tariff treatment
authorized by section 213(b)(3)(A) of the CBERA.
6. Proclamation 7351 incorporated into the HTS the provisions
of the CBTPA concerning the tariff treatment of certain textile
and apparel articles imported into the United States from
designated CBTPA beneficiary countries, pursuant to section
213(b)(2) of the CBERA (19 U.S.C. 2703(b)(2)), as amended
by section 211(a) of the CBTPA. I have determined that a technical
error in one of the legal notes to chapter 98 of the HTS created
by the Annex to that proclamation should be corrected.
7. 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, WILLIAM J. CLINTON, 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 title V and section 604 of the 1974 Act, section
111 of the AGOA, section 211 of the CBTPA, and section 213
of the CBERA, do proclaim that:
(1) In order to provide duty-free treatment under the GSP
to certain articles when imported from designated beneficiary
sub-Saharan African countries, the HTS is modified as provided
in Annex I to this proclamation.
(2) In order to accord, at any time during the transition
period, to certain watches and watch parts described in section
213(b)(1)(E) of the CBERA, when such watches and watch parts
are CBTPA originating goods, the identical tariff treatment
that is accorded at such time under Annex 302.2 of the NAFTA
to an article described in the same 8-digit subheading of
the HTS that is a good of Mexico and is imported into the
United States, chapter 91 of the HTS is modified as provided
in Annex II to this proclamation.
(3) In order to make a technical correction in U.S. note 2(c)
to subchapter XX of chapter 98 of the HTS, such note is modified
as provided in Annex II to this proclamation.
(4) Any provisions of previous proclamations and Executive
orders that are inconsistent with this proclamation are super-seded
to the extent of such inconsistency.
(5)(a) The modifications made by Annex I to this proclamation
shall be effective with respect to articles entered, or withdrawn
from warehouse for consumption, on or after the date of publication
of this proclamation in the Federal Register.
(b) The modifications made by Annex II to this proclamation
shall be effective with respect to articles entered, or withdrawn
from warehouse for consumption, on or after October 2, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth
day of December, in the year of our Lord two thousand, and
of the Independence of the United States of America the two
hundred and twenty-fifth.
WILLIAM J. CLINTON
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