[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Presidential Documents]
[Pages 69229-69230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31097]
Presidential Documents
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 /
Presidential Documents
[[Page 69229]]
Proclamation 8468 of December 23, 2009
To Take Certain Actions Under the African Growth
and Opportunity Act
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(c) of the AGOA, as added in section 6002
of the Africa Investment Incentive Act of 2006
(Division D, title VI of Public Law 109-432) (19 U.S.C.
3721(c)), provides special rules for certain apparel
articles imported from ``lesser developed beneficiary
sub-Saharan African countries.''
4. In Proclamation 7350 of October 2, 2000, President
Clinton designated the Republic of Guinea (Guinea), the
Republic of Madagascar (Madagascar), and the Republic
of Niger (Niger) as beneficiary sub-Saharan African
countries pursuant to section 506A(a) of the 1974 Act
and provided that they would be considered lesser
developed beneficiary sub-Saharan African countries for
purposes of section 112(b)(3)(B) (subsequently
redesignated as section 112(c)) of the AGOA.
5. Section 506A(a)(3) of the 1974 Act (19 U.S.C.
2466a(a)(3)) authorizes the President to terminate the
designation of a country as a beneficiary sub-Saharan
African country for purposes of section 506A if he
determines that the country is not making continual
progress in meeting the requirements described in
section 506A(a)(1) of the 1974 Act.
6. Pursuant to section 104 of the AGOA and section
506A(a)(1) of the 1974 Act, I have determined that the
Islamic Republic of Mauritania (Mauritania) meets the
eligibility requirements set forth or referenced
therein, and I have decided to designate Mauritania as
an eligible sub-Saharan African country and as a
beneficiary sub-Saharan African country.
7. Mauritania satisfies the criterion for treatment as
a ``lesser developed beneficiary sub-Saharan African
country'' under section 112(c) of the AGOA.
8. Pursuant to section 506A(a)(3) of the 1974 Act, I
have determined that Guinea, Madagascar, and Niger are
not making continual progress in meeting the
requirements described in section 506A(a)(1) of the
1974 Act. Accordingly, I have decided to terminate the
designations of Guinea, Madagascar, and Niger as
beneficiary sub-Saharan African countries for purposes
of section 506A of the 1974 Act, effective on January
1, 2010.
9. Section 604 of the 1974 Act (19 U.S.C. 2483), as
amended, authorizes the President to embody in the
Harmonized Tariff Schedule of the United
[[Page 69230]]
States (HTS) the substance of relevant provisions of
that Act, or other acts affecting import treatment, and
actions taken thereunder.
NOW, THEREFORE, I, BARACK OBAMA, 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 (19 U.S.C. 3703), and title V
and section 604 of the 1974 Act (19 U.S.C. 2461-67,
2483), do proclaim that:
(1) Mauritania 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 ``Islamic Republic of
Mauritania.''
(3) For purposes of section 112(c) of the AGOA,
Mauritania is a lesser developed beneficiary sub-
Saharan African country.
(4) The designations of Guinea, Madagascar, and Niger
as beneficiary sub-Saharan African countries for
purposes of section 506A of the 1974 Act are
terminated, effective on January 1, 2010.
(5) In order to reflect in the HTS that beginning on
January 1, 2010, Guinea, Madagascar, and Niger shall no
longer be designated as beneficiary sub-Saharan African
countries, general note 16(a) to the HTS is modified by
deleting ``Republic of Guinea,'' ``Republic of
Madagascar,'' and ``Republic of Niger'' from the list
of beneficiary sub-Saharan African countries.
Further, note 2(d) to subchapter XIX of chapter 98 of
the HTS is modified by deleting ``Republic of Guinea,''
``Republic of Madagascar,'' and ``Republic of Niger''
from the list of lesser developed beneficiary sub-
Saharan African countries.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-third day of December, in the year of our Lord
two thousand nine, and of the Independence of the
United States of America the two hundred and thirty-
fourth.
(Presidential Sig.)
[FR Doc. E9-31097
Filed 12-29-09; 8:45 am]
Billing code 3195-W0-P