[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

 
PROCLAMATION 8539--JUNE 29, 2010

Proclamation 8539 of June 29, 2010
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 and 503(a)(1)(A) of the Trade Act of 1974,
as amended (the ``1974 Act'') (19 U.S.C. 2461 and 2463(a)(1)(A)), the
President may designate articles as eligible for preferential tariff
treatment under the Generalized System of Preferences (GSP).
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 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.
3. 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)).
4. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C. 2463(d)(5)),
any waiver granted under section 503(d) shall remain in effect until the
President determines that such waiver is no longer warranted due to
changed circumstances.
5. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act, and after
receiving advice from the United States International Trade Commission
(the ``Commission'') in accordance with section 503(e) (19 U.S.C.
2463(e)), I have determined to designate certain articles as eligible
articles when imported from any beneficiary developing country.

[[Page 4660]]

6. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2009 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.
7. 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) of the 1974 Act should be disregarded with respect
to certain eligible articles from certain beneficiary developing
countries.
8. Pursuant to section 503(d)(5) of the 1974 Act, I have determined that
a previously granted waiver of the competitive need limitations of
section 503(c)(2)(A) of the 1974 Act is no longer warranted due to
changed circumstances.
9. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President
to embody in the Harmonized Tariff Schedule of the United States (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, 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) 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, general note 4(d) to the
HTS is modified as set forth in section A of Annex I to this
proclamation.
(2) In order to provide that one or more countries should no longer
be treated as beneficiary developing countries with respect to certain
eligible articles for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for the corresponding HTS subheadings is modified as set forth
in section B of Annex I to this proclamation.
(3) In order to designate certain articles as eligible articles for
purposes of the GSP, the Rates of Duty 1-Special subcolumn for the
corresponding HTS subheadings is modified as set forth in section C of
Annex I to this proclamation.
(4) 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.
(5) The waiver of the application of section 503(c)(2)(A) of the
1974 Act to the articles in the HTS subheading and to the beneficiary
developing country listed in Annex III to this proclamation is revoked.
(6) The modifications to the HTS set forth in Annexes I, II, and 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 the respective annex.

[[Page 4661]]

(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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
June, in the year of our Lord two thousand ten, and of the Independence
of the United States of America the two hundred and thirty-fourth.
BARACK OBAMA

[[Page 4662]]

TR06JY10.000



[[Page 4663]]

TR06JY10.001



[[Page 4664]]

TR06JY10.002