[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Presidential Documents]
[Pages 39949-39956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16104]
[[Page 39947]]
Vol. 78
Tuesday,
No. 127
July 2, 2013
Part V
The President
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Proclamation 8997--To Modify Duty-Free Treatment Under the Generalized
System of Preferences and for Other Purposes
Presidential Documents
Federal Register / Vol. 78 , No. 127 / Tuesday, July 2, 2013 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 39949]]
Proclamation 8997 of June 27, 2013
To Modify Duty-Free Treatment Under the
Generalized System of Preferences and for Other
Purposes
By the President of the United States of America
A Proclamation
1. Section 502(b)(2)(G) of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2462(b)(2)(G)),
provides that the President shall not designate any
country a beneficiary developing country under the
Generalized System of Preferences (GSP) if such country
has not taken or is not taking steps to afford
internationally recognized worker rights to workers in
the country (including any designated zone in that
country). Section 502(d)(2) of the 1974 Act (19 U.S.C.
2462(d)(2)) provides that, after complying with the
requirements of section 502(f)(2) of the 1974 Act (19
U.S.C. 2462(f)(2)), the President shall withdraw or
suspend the designation of any country as a beneficiary
developing country if, after such designation, the
President determines that as the result of changed
circumstances such country would be barred from
designation as a beneficiary developing country under
section 502(b)(2) of the 1974 Act. Section 502(f)(2) of
the 1974 Act requires the President to notify the
Congress and the country concerned at least 60 days
before terminating its designation as a beneficiary
developing country for purposes of the GSP.
2. Having considered the factors set forth in section
502(b)(2)(G) and providing the notification called for
in section 502(f)(2), I have determined pursuant to
section 502(d) of the 1974 Act, that it is appropriate
to suspend Bangladesh's designation as a GSP
beneficiary developing country because it has not taken
or is not taking steps to afford internationally
recognized worker rights to workers in the country. In
order to reflect the suspension of Bangladesh's status
as a beneficiary developing country under the GSP, I
have determined that it is appropriate to modify
general notes 4(a) and 4(b)(i) of the Harmonized Tariff
Schedule of the United States (HTS).
3. Section 503(c)(2)(A) of the 1974 Act provides that
beneficiary developing countries, except those
designated as least-developed beneficiary developing
countries or beneficiary sub-Saharan African countries
as provided in 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.
4. Pursuant to section 503(c)(2)(A) of the 1974 Act, I
have determined that in 2012 certain beneficiary
developing countries exported eligible articles in
quantities exceeding the applicable competitive need
limitations, and I therefore terminate the duty-free
treatment for such articles from such beneficiary
developing countries.
5. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)(i)) provides that 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 from any beneficiary developing country, if the
aggregate appraised value of the imports of such
article into the United States during the preceding
calendar year does not exceed an amount set forth in
section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)(ii)).
[[Page 39950]]
6. Pursuant to section 503(c)(2)(F)(i) of the 1974 Act,
I have determined that the competitive need limitation
provided in section 503(c)(2)(A)(i)(II) of the 1974 Act
should be disregarded with respect to certain eligible
articles from certain beneficiary developing countries.
7. Section 503(d)(1) of the 1974 Act (19 U.S.C.
2463(d)(1)) provides that the President may waive the
application of the competitive need limitations in
section 503(c)(2) of the 1974 Act with respect to any
eligible article from any beneficiary developing
country if certain conditions are met.
8. Pursuant to section 503(d)(1) of the 1974 Act, I
have received the advice of the United States
International Trade Commission on whether any industry
in the United States is likely to be adversely affected
by waivers of the competitive need limitations provided
in section 503(c)(2), and I have determined, based on
that advice and on the considerations described in
sections 501 and 502(c) of the 1974 Act (19 U.S.C.
2462(c)) and after giving great weight to the
considerations in section 503(d)(2) of the 1974 Act (19
U.S.C. 2463(d)(2)), that such waivers are in the
national economic interest of the United States.
Accordingly, I have determined that the competitive
need limitations of section 503(c)(2) of the 1974 Act
should be waived with respect to certain eligible
articles from certain beneficiary developing countries.
9. Section 503(d)(4)(B)(ii) of the 1974 Act (19 U.S.C.
2463(d)(4)(B)(ii)) provides that the President should
revoke any waiver of the application of the competitive
need limitations that has been in effect with respect
to an article for 5 years or more if the beneficiary
developing country has exported to the United States
during the preceding calendar year an amount that
exceeds the quantity set forth in section
503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of
the 1974 Act (19 U.S.C. 2463(d)(4)(B)(ii)(I) and 19
U.S.C. 2463(d)(4)(B)(ii)(II)).
10. Pursuant to section 503(d)(4)(B)(ii) of the 1974
Act, I have determined that in 2012 certain beneficiary
developing countries exported eligible articles for
which a waiver has been in effect for 5 years or more
in quantities exceeding the applicable limitation set
forth in section 503(d)(4)(B)(ii)(I) or section
503(d)(4)(B)(ii)(II) of the 1974 Act, and I therefore
revoke said waivers.
11. 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 removal, modification,
continuance, or imposition of any rate of duty or other
import restriction.
12. Presidential Proclamation 6763 of December 23,
1994, implemented the trade agreements resulting from
the Uruguay Round of multilateral negotiations,
including Schedule XX--United States of America,
annexed to the Marrakesh Protocol to the General
Agreement on Tariffs and Trade 1994 (Schedule XX). In
order to maintain the intended tariff treatment for
certain products covered in Schedule XX, I have
determined that technical corrections to the HTS are
necessary.
13. Presidential Proclamation 7011 of June 30, 1997,
implemented modifications of the World Trade
Organization Ministerial Declaration on Trade in
Information Technology Products (the ``ITA'') for the
United States. Products included in Attachment B to the
ITA are entitled to duty-free treatment wherever
classified. Presidential Proclamation 8840 of June 29,
2012, implemented certain technical corrections are
necessary to the HTS in order to maintain the intended
tariff treatment for certain products covered in
Attachment B. I have determined that certain additional
technical corrections are necessary to conform the HTS
to the changes made by Presidential Proclamation 8840.
14. Presidential Proclamation 8818 of May 14, 2012,
implemented U.S. tariff commitments under the United
States-Colombia Trade Promotion Agreement
[[Page 39951]]
and incorporated by reference Publication 4320 of the
United States International Trade Commission, entitled
``Modifications to the Harmonized Tariff Schedule of
the United States to Implement the United States-
Colombia Trade Promotion Agreement.'' Presidential
Proclamation 8894 of October 29, 2012, made
modifications to the HTS to correct technical errors
and omissions in Annexes I and II to Publication 4320.
I have determined that a modification is necessary to
correct an additional omission.
NOW, THEREFORE, I, BARACK OBAMA, President of the
United States of America, by virtue of 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) The designation of Bangladesh as a beneficiary
developing country under the GSP is suspended on the
date that is 60 days after the date this proclamation
is published in the Federal Register.
(2) In order to reflect the suspension of benefits
under the GSP with respect to Bangladesh, general notes
4(a) and 4(b)(i) of the HTS are modified as set forth
in section A of Annex I to this proclamation by
deleting ``Bangladesh'' from the list of independent
countries and least developed countries, effective with
respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date that is
60 days after the date this proclamation is published
in the Federal Register.
(3) In order to provide that one or more countries
should no longer be treated as beneficiary developing
countries with respect to one or more eligible articles
for purposes of the GSP, the Rates of Duty 1--Special
subcolumn for the corresponding HTS subheadings and
general note 4(d) of the HTS are modified as set forth
in sections B and C of Annex I to this proclamation.
(4) The modifications to the HTS set forth in
sections B and C of Annex I to this proclamation shall
be effective with respect to the articles entered, or
withdrawn from warehouse for consumption, on or after
the dates set forth in the relevant sections of Annex
I.
(5) The competitive need limitation provided in
section 503(c)(2)(A)(i)(II) of the 1974 Act is
disregarded with respect to the eligible articles in
the HTS subheadings and to the beneficiary developing
countries listed in Annex II to this proclamation.
(6) A waiver of the application of section
503(c)(2) of the 1974 Act shall apply to the articles
in the HTS subheadings and to the beneficiary
developing countries set forth in Annex III to this
proclamation.
(7) In order to provide the intended tariff
treatment to certain products as set out in Schedule
XX, the HTS is modified as set forth in section A of
Annex IV to this proclamation.
(8) In order to conform the HTS to certain
technical corrections made to provide the intended
tariff treatment to certain products as set out in the
ITA, the HTS is modified as set forth in section B of
Annex IV to this proclamation.
(9) In order to provide the intended tariff
treatment to certain goods from Colombia, the HTS is
modified as set forth in section C of Annex IV to this
proclamation.
(10) The modifications to the HTS set forth in
Annex IV to this proclamation shall be effective with
respect to the articles entered, or withdrawn from
warehouse for consumption, on or after the dates set
forth in the relevant sections of Annex IV.
(11) 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.
[[Page 39952]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-seventh day of June, in the year of our Lord two
thousand thirteen, and of the Independence of the
United States of America the two hundred and thirty-
seventh.
(Presidential Sig.)
Billing code 3295-F2-P
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[FR Doc. 2013-16104
Filed 7-1-13; 11:15 am]
Billing code 7020-02-C