[House Document 110-105]
[From the U.S. Government Publishing Office]
110th Congress, 2d Session - - - - - - - - - - - - House Document 110-105
NOTIFICATION TO ADD THE SOLOMON ISLANDS TO THE LIST OF COUNTRIES UNDER
THE GENERALIZED SYSTEM OF PREFERENCES
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF HIS INTENTION TO DESIGNATE THE SOLOMON ISLANDS AS A
LEAST-DEVELOPED BENEFICIARY DEVELOPING COUNTRY UNDER THE GENERALIZED
SYSTEM OF PREFERENCES (GSP), PURSUANT TO PUB. L. 104-188, SEC. 1952(a)
(110 STAT. 1917)
April 18, 2008.--Referred to the Committee on Ways and Means and
ordered to be printed
To the Congress of the United States:
In accordance with section 502(f)(1)(B) of the Trade Act of
1974, as amended (the ``Act''), I am providing notification of
my intent to add the Solomon Islands to the list of least-
developed beneficiary developing countries under the
Generalized System of Preferences (GSP) program. In Executive
Order 12302 of April 1, 1981, the Solomon Islands was
designated as a beneficiary developing country for purposes of
the GSP program. After considering the criteria set forth in
sections 501 and 502 of the Act, I have determined that it is
appropriate to extend least-developed beneficiary developing
country benefits to the Solomon Islands.
George W. Bush.
The White House, April 17, 2008.
To Take Certain Actions Under the African Growth and Opportunity Act
and the Generalized System of Preferences and for Other Purposes
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By the President of the United States of America
A PROCLAMATION
1. Section 506A(a)(1) of the Trade Act of 1974, as amended
(the ``1974 Act'') (19 U.S.C. 2466a(a)(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
designate a country listed in section 107 of the AGOA (19
U.S.C. 3706) as a ``beneficiary sub-Saharan African country''
if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA
(19 U.S.C. 3703), as well as the eligibility criteria set forth
in section 502 of the 1974 Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to
designate a country listed in section 107 of the AGOA as an
``eligible sub-Saharan African country'' if the President
determines that the country meets certain eligibility
requirements.
3. Section 112(c) of the AGOA, as amended in section 6002
of the Africa Investment Incentive Act of 2006 (Division D,
Title VI, Public Law 109-432) (19 U.S.C. 3721(c)), provides
special rules for certain apparel articles imported from
``lesser developed beneficiary sub-Saharan African countries.''
4. Pursuant to section 104 of the AGOA and section
506A(a)(1) of the 1974 Act, I have determined that the Republic
of Togo (Togo) meets the eligibility requirements set forth or
referenced therein, and I have decided to designate Togo as an
eligible sub-Saharan African country and as a beneficiary sub-
Saharan African country.
5. I further determine that Togo satisfies the criterion
for treatment as a ``lesser developed beneficiary sub-Saharan
African country'' under section 112(c)(5)(D) of the AGOA, as
amended.
6. Presidential Proclamation 8114 of March 19, 2007,
implemented section 112 of the AGOA, as amended. Technical
corrections to the Harmonized Tariff Schedule of the United
States (HTS) are necessary to implement the intended tariff
treatment.
7. Pursuant to sections 501 and 502(a) of the 1974 Act (19
U.S.C. 2461, 2462(a)), the President is authorized to designate
countries as beneficiary developing countries, and to designate
any beneficiary developing country as a least-developed
beneficiary developing country, for purposes of the Generalized
System of Preferences (GSP) program.
8. In Executive Order 12302 of April 1, 1981, the President
designated the Solomon Islands as a beneficiary developing
country for purposes of the GSP program. Pursuant to section
502(a)(2) of the 1974 Act, and having considered the factors
set forth in sections 501 and 502(c), I have determined that
the Solomon Islands should be designated as a least-developed
beneficiary developing country for purposes of the GSP program.
9. In calendar year 2006, imports from Jamaica under
subheading 2202.90.37 of the HTS exceeded the relevant
competitive need limitation (CNL) set forth in 19 U.S.C.
2463(c)(2). Pursuant to section 503(c)(2)(A) of the 1974 Act,
where imports of articles exceed the relevant CNL in a calendar
year, the President shall withdraw duty-free treatment for such
article by July 1 of the following year and modify the HTS
accordingly.
10. On January 6, 1987, Colombia was granted a waiver of
the CNL for imports under HTS subheading 1701.11.05. Despite
the existing waiver of the CNL, on July 5, 2001, duty-free
treatment was withdrawn in error for imports from Colombia
under HTS subheading 1701.11.05 because import levels exceeded
the relevant CNL in calendar year 2000. A technical correction
to the HTS is required to reflect the waiver of the CNL for
imports from Colombia under HTS subheading 1701.11.05.
11. In Presidential Proclamation 8097 of December 29, 2006,
I modified the HTS pursuant to section 1206(a) of the Omnibus
Trade and Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to
conform the HTS to the International Convention on the
Harmonized Commodity Description and Coding System (the
``Convention''). Additional conforming changes to the HTS are
required to implement the intended tariff treatment.
12. Section 604 of the 1974 Act (19 U.S.C. 2483), as
amended, authorizes the President to embody in the HTS the
substance of relevant provisions of that Act, or other acts
affecting import treatment, and of actions taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 section 104 of the AGOA and title
V and section 604 of the 1974 Act (19 U.S.C. 2461-67, 2483), do
proclaim that:
(1) Togo is designated as an eligible sub-Saharan African
country and as a beneficiary sub-Saharan African country for
purposes of the AGOA.
(2) In order to reflect this designation in the HTS,
general note 16(a) to the HTS is modified by inserting in
alphabetical sequence in the list of beneficiary sub-Saharan
African countries ``Republic of Togo,'' effective with respect
to articles entered, or withdrawn from warehouse for
consumption, on or after the thirtieth day after the date of
this proclamation.
(3) For purposes of section 112(c) of the AGOA, as amended,
Togo is a lesser developed beneficiary sub-Saharan African
country.
(4) In order to provide the tariff treatment intended under
section 112 of the AGOA, as amended, the HTS is modified as set
forth in the Annex to this proclamation.
(5) The Solomon Islands is designated as a least-developed
beneficiary developing country for purposes of the GSP program.
(6) In order to reflect this designation in the HTS,
general note 4(b)(i) is modified by adding in alphabetical
order ``The Solomon Islands,'' effective with respect to
articles entered, or withdrawn from warehouse for consumption,
on or after the sixty-fifth day after the date of this
proclamation.
(7) For purposes of the GSP program, in order to provide
the intended tariff treatment for imports from Jamaica, under
HTS subheading 2202.90.37, general note 4(d) is modified by
adding in numerical order 112202.90.37'' and by inserting
``Jamaica'' next to ``2202.90.37.''
(8) For purposes of the GSP program, in order to provide
the intended tariff treatment for imports from Colombia, under
HTS subheading 1701.11.05, general note 4(d) is modified by
deleting ``Colombia'' from the list of countries enumerated
next to HTS subheading ``1701.11.05.''
(9) In order to conform the HTS to the Convention,
additional U.S. note 3(d) to subchapter XX of chapter 98 and
additional U.S. note 4(d) to subchapter XXI of chapter 98 of
the HTS are each modified by deleting ``5402.10.30,
5402.10.60,'' each place it occurs and by inserting in lieu
thereof ``5402.11.30, 5402.11.60, 5402.19.30, 5402.19.60,'' in
each case.
(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.
IN WITNESS WHEREOF, I have hereunto set my hand this
seventeenth day of April, in the year of our Lord two thousand
eight, and of the Independence of the United States of America
the two hundred and thirty-second.
George W. Bush.