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TO MODIFY DUTY-FREE TREATMENT UNDER THE
GENERALIZED SYSTEM OF PREFERENCES
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Pursuant to sections 501, 503(a)(1)(A), and 503(c)(1) of title V of
the Trade Act of 1974 ("the 1974 Act"), 19 U.S.C. 2461-2466, 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.
Pursuant to sections 501 and 502 of the 1974 Act, the President is
authorized to designate countries as beneficiary developing countries
for purposes of the GSP.
Pursuant to section 503(c)(2)(A) of the 1974 Act, some beneficiary
developing countries are subject to the competitive need limitation on
the preferential treatment afforded under the GSP to eligible products.
Pursuant to section 503(c)(2)(C) of the 1974 Act, 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 limitation in section
503(c)(2)(A) during the preceding calendar year.
Pursuant to section 503(c)(2)(F) of the 1974 Act, the President may
disregard the competitive need limitation provided in section
503(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).
Further, pursuant to subsection 503(d) of the 1974 Act, the
President may waive the application of the competitive need limitation
in section 503(c)(2)(A) with respect to any eligible article of any
beneficiary developing country.
Pursuant to section 503(a)(1)(B) of the 1974 Act, the President may
designate articles as eligible articles only for countries designated as
least-developed beneficiary developing countries under section
502(a)(2), if the President determines that such articles are not
import-sensitive in the context of imports from such least-developed
beneficiary developing countries.
Pursuant to sections 501, 503(a)(1)(A), and 503(c)(1) of the 1974
Act, I have determined, after taking into account information and advice
received from the United States International Trade Commission under
section 503(a)(1)(A), to designate additional articles as eligible
articles for purposes of the GSP. In order to do so, it is necessary to
subdivide and amend the nomenclature of existing provisions of the HTS.
Pursuant to sections 501 and 502 of the 1974 Act, and having due
regard for the eligibility criteria set forth therein, I have determined
that it is appropriate to designate Cambodia as a beneficiary developing
country and a least-developed beneficiary developing country for
purposes of the GSP.
Pursuant to sections 503(c)(2)(A) of the 1974 Act, I have
determined that certain beneficiary countries should no longer receive
preferential tariff treatment under the GSP with respect to certain
eligible articles imported in quantities that exceed the applicable
competitive need limitation.
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 had been
imported previously in quantities that exceeded the competitive need
limitation of section 503(c)(2)(A).
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.
Pursuant to section 503(d) of the 1974 Act, I have determined that
the competitive need limitation 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 United States
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. In order to grant one of those waivers,
it is necessary to subdivide and amend the nomenclature of existing
provisions of the HTS.
Pursuant to section 503(a)(1)(B) of the 1974 Act, I have determined
to designate certain articles as eligible articles under the GSP only
for least-developed beneficiary developing countries.
Section 604 of the 1974 Act, 19 U.S.C. 2483, as amended, 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:
(1) In order to provide that Cambodia is designated as a beneficiary
developing country and a least-developed beneficiary developing country
for purposes of the GSP, that one or more countries that have not been
treated as beneficiary developing countries with respect to one or more
eligible articles should be redesignated as beneficiary developing
countries with respect to such article or articles for purposes of the
GSP, and that one or more countries should no longer be treated as
beneficiary developing countries with respect to an eligible article for
purposes of the GSP, general note 4 to the HTS is modified as provided
in section A of Annex I to this proclamation.
(2) In order to designate certain articles as eligible articles for
purposes of the GSP when imported from beneficiary developing countries,
the HTS is modified as provided in section B of Annex I to this
proclamation.
(3) (a) In order to designate an article as an eligible article for
purposes of the GSP when imported from any beneficiary developing
country other than India, the Rates of Duty 1-Special subcolumn for the
HTS subheading enumerated in section C(1)(a) of Annex I to this
proclamation is modified as provided in such Annex section.
(b) In order to designate an article as an eligible article for
purposes of the GSP when imported from any beneficiary developing
country, the Rates of Duty 1-Special subcolumn for the HTS subheading
enumerated in section C(1)(b) of Annex I to this proclamation is
modified as provided in such Annex section.
(c) In order to restore preferential tariff treatment under the GSP to
a country that has been excluded from the benefits of the GSP for an
eligible article, the Rates of Duty 1-Special subcolumn for each of the
HTS subheadings enumerated in section C(1)(c) of Annex I to this
proclamation is modified as provided in such Annex section.
(d) In order to provide that one or more countries should no longer be
treated as a beneficiary developing country with respect to an eligible
article for purposes of the GSP, the Rates of Duty 1-Special subcolumn
for each of the HTS provisions enumerated in section C(2) of Annex I to
this proclamation is modified as provided in such Annex section.
(4) In order to designate certain articles as eligible articles for
purposes of the GSP only when imported from designated least-developed
beneficiary developing countries, the HTS is modified as provided in
Annex II to this proclamation.
(5) 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 III to this
proclamation.
(6) In order to provide for the continuation of previously proclaimed
staged reductions in the Rates of Duty 1-General subcolumn, for goods
that fall in the HTS subheadings modified by section B(1) of Annex I to
this proclamation and that are entered, or withdrawn from warehouse for
consumption, on or after the dates specified in Annex IV to this
proclamation, the rate of duty in the HTS set forth in such subcolumn
for each of the HTS subheadings enumerated in Annex IV to this
proclamation is deleted and the rate of duty provided in such Annex is
inserted in lieu thereof.
(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.
(8) (a) The modifications made by Annexes I, II, and IV 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 Annexes.
(b) The action taken in Annex III to this proclamation shall be
effective on May 31, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
May, 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.