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

 
PROCLAMATION 8596--NOV. 1, 2010

Proclamation 8596 of November 1, 2010
To Adjust the Rules of Origin Under the United States-Bahrain Free Trade
Agreement, Implement Modifications to the Caribbean Basin Economic
Recovery Act, and for Other Purposes
By the President of the United States of America
A Proclamation

1. In Presidential Proclamation 8097 of December 29, 2006, pursuant to
the authority provided in section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3006(a)) (the ``1988 Act''), the
President modified the Harmonized Tariff Schedule of the United States
(HTS) to reflect amendments to the International Convention on the
Harmonized Commodity Description and Coding System (the ``Convention'').
2. Presidential Proclamation 8039 of July 27, 2006, implemented the
United States-Bahrain Free Trade Agreement (USBFTA) with respect to the
United States and, pursuant to section 101(a) of the United States-
Bahrain Free Trade Agreement Implementation Act (the ``USBFTA
Implementation Act'') (Public Law 109-169, 119 Stat. 3581) (19 U.S.C.
3805 note), incorporated in the HTS the schedule of duty reductions and
rules of origin necessary or appropriate to carry out the USBFTA.
3. In order to ensure the continuation of the staged reductions in rates
of duty for originating goods from Bahrain in categories that were
modified to conform to the Convention, the President proclaimed in
Presidential Proclamation 8097 modifications to the HTS that he
determined were necessary or appropriate to carry out the duty
reductions proclaimed in Proclamation 8039.
4. Bahrain is a party to the Convention. Because the substance of
changes to the Convention are reflected in slightly differing form in
the national tariff schedules of the parties to the USBFTA, the rules of
origin set out in Annexes 3-A and 4-A of that Agreement must be changed
to ensure that the tariff and certain other treatment accorded under the
USBFTA to originating goods will continue to be provided under the
tariff categories that were modified in Proclamation 8097. The USBFTA
parties have agreed to make these changes in a protocol to the USBFTA,
which will go into effect on November 1, 2010.
5. Section 202 of the USBFTA Implementation Act provides certain rules
for determining whether a good is an originating good for purposes of
implementing tariff treatment under the USBFTA. Section

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202(j)(1)(A) of the USBFTA Implementation Act authorizes the President
to proclaim the rules of origin set out in the USBFTA and any
subordinate categories necessary to carry out the USBFTA, subject to
certain exceptions set out in section 202(j)(2)(A).
6. I have determined that modifications to the HTS proclaimed pursuant
to section 202 of the USBFTA Implementation Act and section 1206(a) of
the 1988 Act are necessary or appropriate to ensure the continuation of
tariff and certain other treatment accorded originating goods under
tariff categories modified in Proclamation 8097 and to carry out the
duty reductions proclaimed in Proclamation 8039.
7. Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C.
2703a) (CBERA), as amended by the Haiti Economic Lift Program Act of
2010 (Public Law 111-171, 124 Stat. 1194) (19 U.S.C. 2701 note) (the
``HELP Act''), provides that preferential tariff treatment may be
provided for apparel and other articles originating in Haiti that are
imported directly from Haiti or the Dominican Republic into the customs
territory of the United States.
8. In order to implement the tariff treatment provided for under the
CBERA, as amended, it is necessary to modify the HTS.
9. Proclamation 7987 of February 28, 2006, implemented the Dominican
Republic-Central America-United States Free Trade Agreement (CAFTA-DR).
There was a technical error in the form of an inadvertent omission from
Annex I of Publication 3829 of the United States International Trade
Commission (USITC) entitled ``Modifications to the Harmonized Tariff
Schedule of the United States to Implement the Dominican Republic-
Central America-United States Free Trade Agreement With Respect to El
Salvador,'' which was incorporated by reference into Proclamation 7987.
10. I have determined that a technical correction to general note 29 to
the HTS is necessary to provide the tariff and certain other treatment
accorded under the CAFTA-DR to originating goods.
11. In Proclamation 8097 two technical errors were made in U.S. note 2
to subchapter XVII of chapter 98 of the HTS as set forth in Annex I of
Publication 3898 of the USITC entitled ``Modifications to the Harmonized
Tariff Schedule of the United States Under Section 1206 of the Omnibus
Trade and Competitiveness Act of 1988,'' which was incorporated by
reference into Proclamation 8097.
12. I have determined that technical corrections to U.S. note 2 to
subchapter XVII of chapter 98 of the HTS are necessary to provide the
intended tariff treatment.
13. Proclamation 8405 of August 31, 2009, modified certain rules of
origin of the North American Free Trade Agreement (NAFTA). Technical
errors, including an inadvertent omission, were made in the
modifications to general note 12 to the HTS as provided in Annex I of
Publication 4095 of the USITC entitled ``Modifications to the Harmonized
Tariff Schedule of the United States to Adjust Rules of Origin Under the
North American Free Trade Agreement,'' which was incorporated by
reference into Proclamation 8405.
14. I have determined that technical corrections to general note 12 to
the HTS are necessary to provide the tariff and certain other treatment
accorded under the NAFTA to originating goods.

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15. Section 604 of the Trade Act of 1974, as amended (the ``1974 Act'')
(19 U.S.C. 2483), authorizes the President to embody in the HTS the
substance of the 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. Section 1206(c) of the 1988 Act, as amended (19
U.S.C. 3006(c)), provides that any modifications proclaimed by the
President under section 1206(a) of that Act may not take effect before
the thirtieth day after the date on which the text of the proclamation
is published in the Federal Register.
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
section 1206(a) of the 1988 Act, section 202 of the USBFTA
Implementation Act, section 213A of CBERA, as amended, and section 604
of the 1974 Act, do proclaim that: (1) In order to reflect in the HTS
the modifications to the rules of origin under the USBFTA once those
modifications go into effect, general note 30 to the HTS is modified as
provided in Annex I to this proclamation.
(2) In order to implement the tariff treatment provided for in section
213A of CBERA, as amended, the HTS is modified as set forth in Annex II
to this proclamation.
(3) In order to make the technical corrections to general note 29 to the
HTS, the HTS is modified as set forth in paragraph 1 of Annex III to
this proclamation.
(4) In order to make the technical corrections to U.S. note 2 to
subchapter XVII of chapter 98 of the HTS, the HTS is modified as set
forth in paragraph 2 of Annex III to this proclamation.
(5) In order to make technical corrections to general note 12 to the
HTS, the HTS is modified as set forth in paragraph 3 of Annex III to
this proclamation.
(6) The modifications and technical rectifications to the HTS set forth
in Annex I to this proclamation shall be effective with respect to goods
entered, or withdrawn from warehouse for consumption, on or after the
later of (i) November 1, 2010, or (ii) the thirtieth day after the date
of publication of this proclamation in the Federal Register.
(7) The modifications to the HTS set forth in Annexes 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 provided
in those Annexes.
(8) 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 first day of
November, in the year of our Lord two thousand ten, and of the
Independence of the United States of America the two hundred and thirty-
fifth.
BARACK OBAMA

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