[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Presidential Documents]
[Pages 36531-36539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18007]
[[Page 36529]]
_______________________________________________________________________
Part IV
The President
_______________________________________________________________________
Proclamation 7107--To Modify Duty-Free Treatment Under the Generalized
System of Preferences
Presidential Documents
Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 36531]]
Proclamation 7107 of June 30, 1998
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, 503(a)(1)(A), and
503(c)(1) of title V of the Trade Act of 1974, as
amended (``the 1974 Act'') (19 U.S.C. 2461,
2463(a)(1)(A), and 2463(c)(1)), as amended, the
President may designate or withdraw designation of
specified articles provided for in the Harmonized
Tariff Schedule of the United States (HTS) as eligible
for preferential tariff treatment under the Generalized
System of Preferences (GSP) when imported from
designated beneficiary developing countries.
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 pursuant to 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. Pursuant to section 503(c)(2)(C) of the 1974 Act (19
U.S.C. 2463(c)(2)(C)), a country that is no longer
treated as a beneficiary developing country with
respect to an eligible article may be redesignated as a
beneficiary developing country with respect to such
article if imports of such article from such country
did not exceed the competitive need limitations in
section 503(c)(2)(A) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)), during the preceding calendar year.
4. Pursuant to section 503(c)(2)(F) of the 1974 Act (19
U.S.C. 2463(c)(2)(F)), 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 if the aggregate appraised value of the imports
of such article into the United States during the
preceding calendar year does not exceed the applicable
amount set forth in section 503(c)(2)(F)(ii) of the
1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).
5. Pursuant to section 503(d) of the 1974 Act (19
U.S.C. 2463(d)), the President may waive the
application of the competitive need limitations in
section 503(c)(2)(A) with respect to any eligible
article of any beneficiary developing country if
certain conditions are met.
6. Section 507(2) of the 1974 Act (19 U.S.C. 2467(2))
provides that in the case of an association of
countries which is a free trade area or customs union,
or which is contributing to comprehensive regional
economic integration among its members through
appropriate means, including, but not limited to, the
reduction of duties, the President may provide that all
members of such association other than members which
are barred from designation under section 502(b) of the
1974 Act (19 U.S.C. 2462(b)) shall be treated as one
country for purposes of title V of the 1974 Act.
7. Pursuant to sections 501 and 503(a)(1)(A) of the
1974 Act, and after receiving advice from the
International Trade Commission in accordance with
section 503(e), I have determined to designate certain
articles, previously designated under section
503(a)(1)(B), as eligible articles from additional
beneficiary developing countries. In order to do so, it
is necessary to subdivide and amend the nomenclature of
existing subheadings of the HTS.
[[Page 36532]]
For certain articles, I have decided that the effective
date of designation shall be determined by the United
States Trade Representative (USTR).
8. Pursuant to section 503(c)(1) of the 1974 Act, I
have determined to limit the application of duty-free
treatment accorded to certain articles from certain
beneficiary developing countries.
9. Pursuant to section 503(c)(2)(A) of the 1974 Act, I
have determined that certain beneficiary developing
countries should not receive preferential tariff
treatment under the GSP with respect to certain
eligible articles imported in quantities that exceed
the applicable competitive need limitation.
10. Pursuant to section 503(c)(2)(C) of the 1974 Act, I
have determined that certain countries should be
redesignated as beneficiary developing countries with
respect to certain eligible articles that previously
had been imported in quantities exceeding the
competitive need limitations of section 503(c)(2)(A).
11. 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) should be
waived with respect to certain eligible articles from
certain beneficiary developing countries. For certain
articles, I have decided that the effective date of the
waiver shall be determined by the USTR.
12. Pursuant to section 503(d) of the 1974 Act, I have
determined that the competitive need limitations of
section 503(c)(2)(A) should be waived with respect to
certain eligible articles from certain beneficiary
developing countries. I have received the advice of the
International Trade Commission on whether any
industries in the United States are likely to be
adversely affected by such waivers, and I have
determined, based on that advice and on the
considerations described in sections 501 and 502(c),
that such waivers are in the national economic interest
of the United States. For a certain article, I have
decided that the effective date of the waiver shall be
determined by the USTR.
13. Pursuant to section 507(2) of the 1974 Act, I have
determined that members of the West African Economic
and Monetary Union (WAEMU) should be treated as one
country for purposes of title V of the 1974 Act.
14. Pursuant to section 507(2) of the 1974 Act, I have
determined that members of the Southern African
Development Community (SADC) should be treated as one
country for purposes of title V of the 1974 Act. The
USTR shall determine which specific members of the SADC
are to be included in the designation under section
507(2) of the 1974 Act and shall determine the
effective date or dates of the designation. The USTR
shall announce by publication in the Federal Register
the specific SADC members to be included in the
designation and the effective date or dates.
15. Pursuant to section 507(2) of the 1974 Act, I have
determined that members of the Tripartite Commission
for East African Cooperation (EAC) should be treated as
one country for purposes of title V of the 1974 Act.
The USTR shall determine which specific members of the
EAC are to be included in the designation under section
507(2) of the 1974 Act and shall determine the
effective date or dates of the designation. The USTR
shall announce by publication in the Federal Register
the specific EAC members to be included in the
designation and the effective date or dates.
16. 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.
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 but not limited to
title V and section 604 of the 1974 Act, do proclaim
that:
[[Page 36533]]
(1) In order to provide that one or more countries
that have not been treated as beneficiary developing
countries with respect to one or more eligible articles
should be designated as beneficiary developing
countries with respect to such article or articles for
purposes of the GSP, and that one or more countries
should not be treated as beneficiary developing
countries with respect to one or more eligible articles
for purposes of the GSP, general note 4 to the HTS is
modified as provided in section A of Annex I and
section A of Annex IV to this proclamation.
(2) In order to designate certain articles,
previously designated under section 503(a)(1)(B), as
eligible articles from additional beneficiary
developing countries, the HTS is modified by amending
and subdividing the nomenclature of existing HTS
subheadings as provided in section B of Annex I to this
proclamation.
(3)(a) In order to designate certain articles as
eligible articles for purposes of the GSP when imported
from any beneficiary developing country, the Rates of
Duty 1-Special subcolumn for certain HTS subheadings is
modified as provided in section C(1) of Annex I and
section B of Annex IV to this proclamation.
(b) In order to designate certain articles,
previously designated under section 503(a)(1)(B), as
eligible articles from additional beneficiary
developing countries, the Rates of Duty 1-Special
subcolumn for the HTS subheadings enumerated in section
C(2) of Annex I to this proclamation is modified as
provided in such section.
(c) In order to provide preferential tariff
treatment under the GSP to beneficiary developing
countries that have been excluded from the benefits of
the GSP for certain eligible articles, the Rates of
Duty 1-Special subcolumn for each of the HTS
subheadings enumerated in section C(3) of Annex I to
this proclamation is modified as provided in such
section.
(d) In order to provide that one or more
countries should not be treated as a beneficiary
developing country with respect to certain eligible
articles for purposes of the GSP, the Rates of Duty 1-
Special subcolumn for each of the HTS subheadings
enumerated in section C(4) of Annex I to this
proclamation is modified as provided in such section.
(4) 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 II
and in section C of Annex IV to this proclamation.
(5) In order to provide for the continuation of
previously proclaimed staged reductions of duties in
the Rates of Duty 1-General subcolumn for goods that
fall in the HTS subheadings modified by section B of
Annex I to this proclamation and that are entered, or
withdrawn from warehouse for consumption, on or after
the dates specified in section A of Annex III to this
proclamation, the rate of duty in the HTS set forth in
such subcolumn for each of the HTS subheadings
enumerated in section A of Annex III to this
proclamation is deleted and the rate of duty provided
in such section is inserted in lieu thereof.
(6) In order to provide for the continuation of
previously proclaimed staged reductions of duties in
the Rates of Duty 1-Special subcolumn for certain goods
of Mexico that fall in the HTS subheadings modified by
section B of Annex I to this proclamation and effective
with respect to goods of Mexico under the terms of
general note 12 to the HTS that are entered, or
withdrawn from warehouse for consumption, on or after
the dates specified in section B of Annex III to this
proclamation, the rate of duty in the HTS set forth in
such subcolumn followed by the symbol ``MX'' in
parentheses for each of the HTS subheadings enumerated
in section B of Annex III to this proclamation is
deleted and the rate of duty provided in such section
is inserted in lieu thereof.
(7) In order to reflect in the HTS the decision
that members of the WAEMU should be treated as one
country for purposes of title V of the
[[Page 36534]]
1974 Act, and to enumerate the member countries,
general note 4(a) to the HTS is modified as provided in
Annex V to this proclamation.
(8) In order to reflect in the HTS the decision
that members of the SADC should be treated as one
country for purposes of title V of the 1974 Act, and to
enumerate those member countries that should benefit
from such designation, general note 4(a) to the HTS is
to be modified as set forth in a notice or notices that
the USTR shall cause to be published in the Federal
Register. Such notice or notices should direct the
insertion in general note 4(a) of the title of the
association and the names of those member countries
that should be treated as one country for purposes of
title V of the 1974 Act, and should specify the
effective date of such designation.
(9) In order to reflect in the HTS the decision
that members of the EAC should be treated as one
country for purposes of title V of the 1974 Act, and to
enumerate those member countries that should benefit
from such designation, general note 4(a) to the HTS is
to be modified as set forth in a notice or notices that
the USTR shall cause to be published in the Federal
Register. Such notice or notices should direct the
insertion in general note 4(a) of the title of the
association and the names of those member countries
that should be treated as one country for purposes of
title V of the 1974 Act, and should specify the
effective date of such designation.
(10) 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.
(11)(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 July 1, 1998.
(b) The action taken in Annex II to this
proclamation shall be effective on the date of
signature of this proclamation.
(c) The modifications made by Annex 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 such
Annex.
(d) The modifications made by Annex IV to this
proclamation shall be effective with respect to
articles entered, or withdrawn from warehouse for
consumption, on or after a date to be announced in the
Federal Register by the USTR.
(e) The modification made by Annex V to this
proclamation shall be effective with respect to
articles entered, or withdrawn from warehouse for
consumption, on or after the date of signature of this
proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of June, in the year of our Lord nineteen
hundred and ninety-eight, and of the Independence of
the United States of America the two hundred and
twenty-second.
(Presidential Sig.)
Billing code 3195-01-P
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[FR Doc. 98-18007
[Filed 7-2-98; 8:45 am]
Billing code 3190-01-C
