[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8098--DEC. 29, 2006

Proclamation 8098 of December 29, 2006
To Take Certain Actions Under the African Growth and Opportunity Act and
the Generalized System of Preferences
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 Liberia (Liberia) meets
the eligibility requirements set forth or referenced therein, and I have
decided to designate Liberia as an eligible sub-Saharan African country
and as a beneficiary sub-Saharan African country.
5. I further determine that Liberia satisfies the criterion for
treatment as a ``lesser developed beneficiary sub-Saharan African
country''; under section 112(b)(3)(B) of the AGOA.
6. Pursuant to sections 501 and 502(a) of the 1974 Act (19 U.S.C. 2461,
2462(a)), the President is authorized to designate countries as
beneficiary developing countries and to designate any beneficiary
developing country as a least-developed beneficiary developing country,
for purposes of the Generalized System of Preferences (GSP) program.

[[Page 2685]]
121 STAT. 2685

7. Section 502(b)(1)(C) of the 1974 Act (19 U.S.C. 2462(b)(1)(C))
specifies that European Union Member States may not be designated as
beneficiary developing countries for purposes of the GSP.
8. Section 507(2) of the 1974 Act (19 U.S.C. 2467(2)) provides that in
the case of an association of countries that is a free trade area or
customs union, or that is contributing to a comprehensive regional
economic integration among its members through appropriate means, the
President may provide that members of such an association other than
members that are barred from designation under section 502(b) of the
1974 Act (19 U.S.C. 2462(b)) shall be treated as one country for
purposes of the GSP.
9. Pursuant to section 502 of the 1974 Act, and taking into account the
factors set forth in section 502(c)(19 U.S.C. 2462(c)), I have
determined that East Timor should be designated as a beneficiary
developing country under the GSP.
10. Pursuant to section 502 of the 1974 Act, and having considered the
factors set forth in sections 501 and 502(c), I have also determined
that East Timor should be designated as a least-developed beneficiary
developing country for purposes of the GSP.
11. In accordance with section 502(b)(1)(C) of the 1974 Act, I have
determined that Bulgaria and Romania may no longer be designated as
beneficiary developing countries for purposes of the GSP, effective for
each of these countries when it becomes a European Union Member State.
12. On June 29, 2005, I determined that currently qualifying members of
the South Asian Association for Regional Cooperation (SAARC) should be
treated as one country for purposes of the GSP. In Proclamation 7912 of
that date, I added SAARC and the currently qualifying countries to
general note 4(a) to the Harmonized Tariff Schedule (HTS). Pursuant to
section 507(2) of the 1974 Act, I have determined that Afghanistan
should be designated as a member of SAARC for purposes of the GSP on the
date that it becomes a SAARC member.
13. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes
the President to embody in the HTS of the United States the substance of
relevant provisions of that Act, or other acts affecting import
treatment, and of actions taken thereunder.
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 but not limited to
section 104 of the AGOA and title V and section 604 of the 1974 Act (19
U.S.C. 2461-67, 2483), do proclaim that:
(1) Liberia 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 Liberia,'';
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after January 1, 2007.
(3) For purposes of section 112(b)(3)(B) of the AGOA, Liberia is a
lesser developed beneficiary sub-Saharan African country.

[[Page 2686]]
121 STAT. 2686

(4) East Timor is designated as a beneficiary developing country for
purposes of the GSP.
(5) In order to reflect this designation in the HTS, general note 4(a)
to the HTS is modified by adding in alphabetical order ``East Timor'';
to the list entitled, ``Independent Countries,''; effective with respect
to articles entered, or withdrawn from warehouse for consumption, on or
after the twentieth day after the date of this proclamation.
(6) East Timor is designated as a least-developed beneficiary developing
country for purposes of the GSP.
(7) In order to reflect this designation in the HTS, general note
4(b)(i) is modified by adding in alphabetical order ``East Timor,'';
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the sixty-fifth day after the date of this
proclamation.
(8) Bulgaria and Romania shall no longer be designated as beneficiary
developing countries for purposes of the GSP upon the date that each
country becomes a European Union Member State. The United States Trade
Representative shall announce each such date in a notice published in
the Federal Register.
(9) In order to reflect these changes in the HTS, general note 4(a) to
the HTS is modified by deleting ``Bulgaria''; and ``Romania''; from the
list entitled, ``Independent Countries,''; effective for each of these
countries with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the day on which that country becomes a
European Union Member State.
(10) Afghanistan is designated as a member of the South Asian
Association for Regional Cooperation (SAARC) for purposes of the GSP on
the date that it becomes a SAARC member. The United States Trade
Representative shall announce such date in a notice published in the
Federal Register.
(11) In order to reflect this determination in the HTS, general note
4(a) to the HTS is modified by adding in alphabetical order
``Afghanistan''; to the list entitled, ``Member Countries of the South
Asian Association for Regional Cooperation (SAARC),''; effective with
respect to articles entered, or withdrawn from warehouse for
consumption, on or after the day on which Afghanistan becomes a SAARC
member.
(12) 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
December, in the year of our Lord two thousand six, and of the
Independence of the United States of America the two hundred and thirty-
first.
GEORGE W. BUSH