97-2345. To Modify Application of Duty-Free Treatment of Certain Articles Under the Generalized System of Preferences, and for Other Purposes

  • [Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
    [Presidential Documents]
    [Pages 4415-4427]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-2345]
    
    
    
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    _______________________________________________________________________
    
    Part VI
    
    
    
    
    
    The President
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Proclamation 6969--To Modify Application of Duty-Free Treatment of 
    Certain Articles Under the Generalized System of Preferences, and for 
    Other Purposes
    
    
                            Presidential Documents 
    
    
    
    Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / 
    Presidential Documents
    
    ___________________________________________________________________
    
    Title 3--
    The President
    
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                    Proclamation 6969 of January 27, 1997
    
                    
    To Modify Application of Duty-Free Treatment of 
                    Certain Articles Under the Generalized System of 
                    Preferences, and for Other Purposes
    
                    By the President of the United States of America
    
                    A Proclamation
    
                    1. Pursuant to section 503(c)(1) of the Trade Act of 
                    1974, as amended by Public Law 104-88; 110 Stat. 1755, 
                    1922 (``the 1974 Act''), the President may withdraw, 
                    suspend, or limit the application of the duty-free 
                    treatment accorded under section 501 of the 1974 Act 
                    (19 U.S.C. 2461) with respect to any article. With due 
                    regard for the factors set forth in sections 501 and 
                    502(c) of the 1974 Act (19 U.S.C. 2461 and 2462(c)), I 
                    have determined that it is appropriate to modify the 
                    application of duty-free treatment under title V of the 
                    1974 Act for certain articles, including certain goods 
                    previously eligible for such treatment that the Customs 
                    Service has reclassified.
    
                    2. Presidential Proclamation 6961 of November 28, 1996, 
                    provided import relief with respect to certain broom 
                    corn brooms. For certain subheadings of the Harmonized 
                    Tariff Schedule of the United States (HTS) established 
                    to carry out this relief, provisions were omitted that 
                    would have continued staged reductions of special rates 
                    of duty for the goods concerned, previously proclaimed 
                    pursuant to section 201(a) of the North American Free 
                    Trade Agreement Implementation Act (19 U.S.C. 3331(a)). 
                    Further, other HTS provisions established by that 
                    proclamation contain conflicting dates that complicate 
                    their administration. To rectify these omissions and to 
                    permit proper administration of the import relief, I 
                    have decided that it is necessary and appropriate to 
                    continue previously proclaimed duty treatment for the 
                    affected goods and to make technical corrections in 
                    certain HTS provisions.
    
                    3. Section 213 of the Caribbean Basin Economic Recovery 
                    Act, as amended (CBERA) (19 U.S.C. 2703), and section 
                    204 of the Andean Trade Preference Act (ATPA) (19 
                    U.S.C. 3203) authorize the President to provide duty-
                    free entry for all eligible articles, and duty 
                    reductions for certain other articles, that are the 
                    product of any country that has been designated as a 
                    beneficiary country under those Acts. To clarify the 
                    preferential tariff treatment provided to particular 
                    dutiable goods that are the product of beneficiary 
                    countries under the CBERA or the ATPA and that are 
                    eligible to enter under HTS heading 9802.00.80, which 
                    provides for certain goods assembled abroad using 
                    components of U.S. origin, I have decided it is 
                    appropriate to provide special rates of duty for 
                    purposes of the CBERA and of the ATPA in heading 
                    9802.00.80 to apply to such goods.
    
                    4. Presidential Proclamation 6948 of October 29, 1996, 
                    modified tariff provisions concerning special import 
                    quotas for upland cotton. That proclamation also 
                    modified certain provisions of the HTS and of prior 
                    Presidential proclamations to correct technical errors 
                    and to clarify the intent of previously proclaimed 
                    modifications. In proclaiming the modifications to the 
                    provisions on upland cotton, a conforming change to 
                    U.S. note 6 to subchapter III of chapter 99 of the HTS 
                    was omitted. Further, the instructions in section 
                    A(5)(c) of Annex II to such proclamation concerning 
                    modifications to subchapter IV of chapter 99 to the HTS 
                    contained an error. To rectify the omission and to 
                    correct the error in instructions, I have decided it is 
                    necessary and appropriate to modify U.S. note 6 to 
                    subchapter III of chapter 99
    
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                    of the HTS and to amend the instructions in section 
                    A(5)(c) of Annex II to Proclamation 6948.
    
                    5. Presidential Proclamation 6763 of December 23, 1994, 
                    implemented with respect to the United States the trade 
                    agreements resulting from the Uruguay Round of 
                    multilateral trade negotiations, including Schedule 
                    XX--United States of America, annexed to the Marrakesh 
                    Protocol to the General Agreement on Tariffs and Trade 
                    1994. A conforming change in a subheading in subchapter 
                    V of chapter 99 of the HTS was omitted from 
                    Proclamation 6763. Further, particular HTS additional 
                    U.S. notes implementing tariff-rate quotas (TRQs) for 
                    specified agricultural products do not clearly reflect 
                    the intended quota periods and the quantities permitted 
                    entry during such quota periods and have caused 
                    administrative difficulties. In order to make the 
                    necessary conforming change and to correct the legal 
                    notes controlling such TRQs, I have decided it is 
                    necessary and appropriate to modify a subheading in 
                    subchapter V of chapter 99 and the legal notes 
                    pertaining to such TRQs.
    
                    6. Presidential Proclamation 6857 of December 11, 1995, 
                    implemented with respect to the United States certain 
                    modifications to the HTS, in conformity with the 
                    obligations of the United States under the 
                    International Convention on the Harmonized Commodity 
                    Description and Coding System. The Annex to that 
                    proclamation omitted provisions that would have 
                    continued previously proclaimed staged reductions of 
                    certain rates of duty for the goods concerned, pursuant 
                    to section 111(a) of the Uruguay Round Agreements Act 
                    (URAA) (19 U.S.C. 3521(a)). To rectify these omissions, 
                    I have decided that it is necessary and appropriate to 
                    provide for the continuation of previously proclaimed 
                    duty treatment for the affected goods.
    
                    7. (a) Section 115 of the URAA (19 U.S.C. 3524) 
                    requires the President to (1) obtain advice regarding 
                    certain proposed actions; (2) submit a report to the 
                    Committee on Ways and Means of the House of 
                    Representatives and the Committee on Finance of the 
                    Senate; and (3) consult with those Committees on the 
                    proposed action during a subsequent 60-day period to 
                    meet the consultation and layover requirements of that 
                    section.
    
                        (b) Section 604 of the 1974 Act, as amended (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.
    
                    8. I have decided that it is appropriate to authorize 
                    the United States Trade Representative (USTR) to 
                    perform the functions specified in section 115 of the 
                    URAA and certain functions under section 604 of the 
                    1974 Act.
    
                    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, including but not limited to section 503 
                    of the 1974 Act, section 213 of the CBERA, section 204 
                    of the ATPA, section 604 of the 1974 Act, and section 
                    301 of title 3, United States Code, do proclaim that:
    
                        (1) In order to reflect in the HTS various 
                    technical and conforming changes, to correct provisions 
                    of Proclamations 6948 and 6961, and to modify the 
                    special duty rates subcolumn for heading 9802.00.80, 
                    the HTS and Proclamations 6948 and 6961 are each 
                    modified as set forth in Annexes I and II to this 
                    proclamation.
                        (2) In order to modify the application of duty-free 
                    treatment under title V of the 1974 Act for certain 
                    articles, the HTS is modified as set forth in Annex III 
                    to this proclamation.
                        (3) The modifications to the HTS made by Annexes I, 
                    II, and III to this proclamation shall be effective 
                    with respect to goods entered, or withdrawn from 
                    warehouse for consumption, on or after the dates set 
                    forth in such Annexes and during the time periods 
                    specified therein.
    
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                        (4) The USTR is authorized to perform the functions 
                    vested in the President under section 115 of the URAA. 
                    In addition, the USTR is authorized to exercise the 
                    authority provided to the President under section 604 
                    of the 1974 Act to embody rectifications, technical or 
                    conforming changes, or similar modifications in the 
                    HTS.
                        (5) 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-seventh day of January, in the year of our Lord 
                    nineteen hundred and ninety-seven, and of the 
                    Independence of the United States of America the two 
                    hundred and twenty-first.
    
                        (Presidential Sig.)
    
    Billing code 3195-01-P
    
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    [FR Doc. 97-2345
    Filed 1-28-97; 8:45 am]
    Billing code 3190-01-C
    
    
    

Document Information

Published:
01/29/1997
Department:
Executive Office of the President
Entry Type:
Presidential Document
Document Type:
Proclamation
Document Number:
97-2345
Pages:
4415-4427 (13 pages)
EOCitation:
of 1997-01-27
PDF File:
97-2345.pdf