United States Statutes at Large, Volume 125, 112th Congress, 1st Session

[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 8682 of May 23, 2011

To Modify the Rules of Origin for the United States-Singapore Free Trade
Agreement, and for Other Purposes
By the President of the United States of America
A Proclamation
1. On May 6, 2003, the President entered into the United States-
Singapore Free Trade Agreement (USSFTA). The USSFTA was approved by the
Congress in section 101(a) of the United States-Singapore Free Trade
Agreement Implementation Act (the ``USSFTA Act'') (Public Law 108-78,
117 Stat. 948) (19 U.S.C. 3805 note).
2. Presidential Proclamation 7747 of December 30, 2003, implemented the
USSFTA with respect to the United States and, pursuant to the USSFTA
Act, incorporated in the Harmonized Tariff Schedule of the United States
(HTS) the tariff modifications and rules of origin necessary or
appropriate to carry out the USSFTA.
3. Section 202 of the USSFTA Act provides rules for determining whether
goods imported into the United States originate in the territory of a
USSFTA Party and thus are eligible for the tariff and other treatment
contemplated under the USSFTA. Section 202(o) authorizes the President
to proclaim, as part of the HTS, the rules of origin set out in the
USSFTA and to proclaim modifications to previously proclaimed rules of
origin, subject to the consultation and layover requirements of section
103(a) of the USSFTA Act.

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4. The United States and Singapore have agreed to modify the USSFTA
rules of origin by adding certain rules of origin. I have determined
that modification of the USSFTA rules of origin set forth in
Proclamation 7747 is therefore necessary.
5. On July 24, 2010, in accordance with section 103(a) of the USSFTA
Act, the United States Trade Representative submitted a report to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate that set forth the proposed
modifications to the USSFTA rules of origin. The consultation and
layover period specified in section 103(a) expired on November 22, 2010.
6. Presidential Proclamation 8097 of December 29, 2006, modified the HTS
pursuant to section 1206 of the Omnibus Trade and Competitiveness Act of
1988 (19 U.S.C. 3006) to conform the HTS to amendments to the
International Convention on the Harmonized Commodity Description and
Coding System.
7. Presidential Proclamation 8214 of December 27, 2007, modified the
HTS, including adjustments to rules of origin under the USSFTA to ensure
that the tariff and certain other treatment accorded originating goods
of Singapore under tariff categories modified in Proclamation 8097
continued, and to carry out the duty reductions proclaimed in
Proclamation 7747. A rule of origin was inadvertently omitted from
general note 25 of the HTS. I have determined that a technical
correction to general note 25 to the HTS is necessary to provide for the
intended tariff and certain other treatment accorded under the USSFTA to
originating goods of Singapore.
8. On April 12, 2006, the United States entered into the United States-
Peru Trade Promotion Agreement (USPTPA), and on June 24 and June 25,
2007, the Parties to the USPTPA signed a protocol amending the USPTPA.
The Congress approved the USPTPA as amended in section 101(a) of the
United States-Peru Trade Promotion Agreement Implementation Act (the
``USPTPA Act'') (Public Law 110-138, 121 Stat. 1455) (19 U.S.C. 3805
note).
9. Section 201 of the USPTPA Act authorizes the President to proclaim
such modifications or continuation of any duty, such continuation of
duty-free or excise treatment, or such additional duties, as the
President determines to be necessary or appropriate to carry out or
apply Articles 2.3, 2.5, 2.6, 3.3.13 and Annex 2.3 of the USPTPA.
10. U.S. General Note 5 to Annex 2.3 of the USPTPA provides that
originating goods of Peru shall not be subject to any duty provided for
in heading 9901 of the HTS, provided that certain conditions specified
in that note are met.
11. Pursuant to section 201 of the USPTPA Act, I have determined that
modifications to the HTS are necessary to carry out U.S. General Note 5
to Annex 2.3 of the USPTPA.
12. Presidential Proclamation 6641 of December 15, 1993, implemented the
North American Free Trade Agreement (NAFTA) with respect to the United
States and, pursuant to the North American Free Trade Agreement
Implementation Act (the ``NAFTA Act'') (Public Law 103-182, 107 Stat.
2057), incorporated in the HTS the schedule of duty reductions and rules
of origin necessary or appropriate to carry out the NAFTA.

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13. Section 202 of the NAFTA Act (19 U.S.C. 3332) provides rules for
determining whether goods imported into the United States originate in a
NAFTA Party and thus are eligible for the tariff and other treatment
contemplated under the NAFTA.
14. Presidential Proclamation 8405 of August 31, 2009, modified the HTS,
including adjustments to rules of origin under the NAFTA, to ensure that
the tariff and certain other treatment accorded originating goods of
Canada and Mexico under tariff categories modified in Proclamation 8097
continued. Two technical errors were made in the modifications to
general note 12 to the HTS. I have determined that technical corrections
to general note 12 to the HTS are necessary to provide for the intended
tariff and certain other treatment accorded under the NAFTA to
originating goods.
15. Presidential Proclamation 8536 of June 12, 2010, made technical
corrections to certain rules of origin under the NAFTA. Two additional
errors in general note 12 were not corrected in that proclamation. I
have determined that further technical corrections to general note 12
are necessary to provide the tariff and certain other treatment accorded
under the NAFTA to originating goods.
16. Section 604 of the Trade Act of 1974, as amended (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 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 section 202 of the
USSFTA Act, section 201 of the USPTPA Act, and section 604 of the Trade
Act of 1974, do proclaim that:
(1) In order to modify the rules of origin under the USSFTA, general
note 25 to the HTS is modified as provided in Annex I to this
proclamation.
(2) The modifications made by section A of Annex I to this proclamation
shall be effective with respect to goods of Singapore that are entered,
or withdrawn from warehouse for consumption, on or after May 24, 2011.
(3) The modification made by section B of Annex I to this proclamation
shall be effective with respect to goods of Singapore that are entered,
or withdrawn from warehouse for consumption, on or after February 7,
2008.
(4) In order to implement certain provisions of Annex 2.3 of the USPTPA,
the HTS is modified as provided in Annex II to this proclamation.
(5) The modifications made by Annex II to this proclamation shall be
effective with respect to originating goods of Peru entered, or
withdrawn from warehouse for consumption, on or after January 1, 2011.
(6) In order to make technical corrections necessary to provide the
intended rules of origin under the NAFTA, the HTS is modified as set
forth in Annex III to this proclamation.

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(7) The modifications to the HTS set forth in Annex III to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after October 2, 2009.
(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 twenty-third day of
May, in the year of our Lord two thousand eleven, and of the
Independence of the United States of America the two hundred and thirty-
fifth.
BARACK OBAMA


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