[United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

Proclamation 7657 of March 28, 2003
 
To Take Certain Actions Under the African Growth and Opportunity Act
With Respect to the Republic of The Gambia and the Democratic Republic
of Congo

By the President of the United States of America
A Proclamation

1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the ``1974
Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA), authorizes the President to designate a country listed in
section 107 of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-Saharan
African country'' if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA (19 U.S.C.
3703), as well as the eligibility criteria set forth in section 502 of
the 1974 Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an ``eligible sub-Saharan
African country'' if the President determines that the country meets
certain eligibility requirements.
3. Section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) provides
special rules for certain apparel articles imported from ``lesser
developed beneficiary sub-Saharan African countries.''
4. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that the Republic of The Gambia (The Gambia)
meets the eligibility requirements set forth or referenced therein, and
I have decided to designate The Gambia as an eligible sub-Saharan
African country and as a beneficiary sub-Saharan African country.
5. Pursuant to section 104 of the AGOA, I have determined that the
Democratic Republic of Congo (DROC) meets the eligibility criteria set
forth therein, and I have decided to designate DROC as an eligible sub-
Saharan African country.
6. I have further decided to authorize the United States Trade
Representative (USTR) to exercise the authority provided to the
President under section 506A(a)(1) of the 1974 Act with respect to DROC.
The USTR shall announce any such exercise of authority in a notice
published in the Federal Register.
7. The Gambia satisfies the criterion for treatment as a ``lesser
developed beneficiary sub-Saharan African country'' under section
112(b)(3)(B) of the AGOA. DROC, if it is designated as a beneficiary
sub-Saharan African country, would also satisfy the criterion for
treatment as a ``lesser developed beneficiary sub-Saharan African
country'' under section 112(b)(3)(B) of the AGOA.
8. 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.

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117 STAT. 3019

9. With respect to any designation of DROC as a beneficiary sub-Saharan
African country, I have decided to authorize the USTR to exercise the
authority provided to the President under section 604 of the 1974 Act to
embody modifications and technical or conforming changes in the HTS.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 sections 506A and
604 of the 1974 Act and section 104 of the AGOA, do proclaim that:
(1) The Gambia is designated as an eligible sub-Saharan African
country and as a beneficiary sub-Saharan African country.
(2) In order to reflect this designation in the HTS, general note
16(a) to the HTS is modified by inserting in alphabetical sequence in
the list of beneficiary sub-Saharan African countries ``Republic of The
Gambia.''
(3) DROC is designated as an eligible sub-Saharan African country.
(4) The USTR is authorized to exercise the authority provided to the
President under section 506A(a)(1) of the 1974 Act with respect to DROC.
The USTR shall announce any such exercise of authority in a notice
published in the Federal Register. To implement any designation of DROC
as a beneficiary sub-Saharan African country, the USTR is authorized to
exercise the authority provided to the President under section 604 of
the 1974 Act to embody modifications and technical or conforming changes
in the HTS.
(5) For purposes of section 112(b)(3)(B) of the AGOA, The Gambia is
a lesser developed beneficiary sub-Saharan African country. If it is
designated as a beneficiary sub-Saharan African country, DROC would also
be a lesser developed beneficiary sub-Saharan African country for
purposes of section 112(b)(3)(B) of the AGOA.
(6) Any provisions of previous proclamations and Executive Orders
that are inconsistent with this proclamation are superseded to the
extent of such inconsistency.
(7) The modification to the HTS made by this proclamation shall be
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the date of publication of this
proclamation in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of March, in the year of our Lord two thousand three, and of the
Independence of the United States of America the two hundred and twenty-
seventh.
GEORGE W. BUSH


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117 STAT. 3020