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108th Congress, 1st Session - - - - - - - - - - - - - House Document
108-20
TO MODIFY DUTY-FREE TREATMENT UNDER THE GENERALIZED SYSTEM OF
PREFERENCES
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF HIS INTENTION TO ADD AFGHANISTAN TO THE LIST OF LEAST-
DEVELOPED BENEFICIARY DEVELOPING COUNTRIES UNDER THE GENERALIZED SYSTEM
OF PREFERENCES (GSP), PURSUANT TO PUB. L. 104-188, SEC. 1952(a) (110
STAT. 1917)
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January 27, 2003.--Referred to the Committee on Ways and Means and
ordered to be printed
The White House,
Washington, January 10, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: I am writing to inform you of my intent
to add Afghanistan to the list of beneficiary developing
countries and to the list of least-developed beneficiary
developing countries under the Generalized System of
Preferences (GSP). I have carefully considered the criteria
identified in sections 501 and 502 of the Trade Act of 1974, as
amended. In light of these criteria, I have determined that it
is appropriate to extend GSP beneficiary developing country and
least-developed beneficiary developing country benefits to
Afghanistan.
This notice is submitted in accordance with section 502(f)
of the Trade Act of 1974.
Sincerely,
George W. Bush.
To Modify Duty-Free Treatment Under the Generalized System of
Preferences
----------
By the President of the United States of America
A PROCLAMATION
Pursuant to section 502 of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2462), 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).
Pursuant to section 503(c)(1) of title V of the 1974 Act
(19 U.S.C. 2463(c)(1)), the President may withdraw, suspend, or
limit the application of duty-free treatment accorded under
this title with respect to any article.
Section 503(d)(5) of the 1974 Act (19 U.S.C. 2463(d)(5))
provides that any waiver granted under section 503(d) of the
1974 Act (19 U.S.C. 2463(d)) shall remain in effect until the
President determines that such waiver is no longer warranted
due to changed circumstances.
Section 506A(b)(1) of the 1974 Act (19 U.S.C. 2466a(b)(1))
authorizes the President to provide duty-free treatment for any
article described in section 503(b)(1)(B) through(G) of the
1974 Act (19 U.S.C. 2463(b)(1)(B)-(G)) that is the growth,
product, or manufacture of a designated beneficiary sub-Saharan
African country, if, after receiving the advice of the United
states International Trade Commission (USITC), the President
determines that such article is not import-sensitive in the
context of imports from beneficiary sub-Saharan African
countries.
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 decided to designate Afghanistan as a
beneficiary developing country for purposes of the GSP.
Pursuant to section 502 of the 1974 Act, and having
considered the factors set forth in sections 501 and 502(c), I
have also decided to designate Afghanistan as a least-developed
beneficiary developing country for purposes of the GSP.
Pursuant to section 503(c)(1) of the 174 Act, and having
considered the factors set forth in sections 501 and 502(c), I
have determined to withdraw the application of duty-free
treatment under the GSP accorded to a certain article from
Chile.
Pursuant to section 503(d)(5), I have determined that the
waiver granted under section 503(d) to Chile for a certain
article is no longer warranted due to changed circumstances.
Pursuant to section 506A(b)(1) of the 1974 Act, and having
received the advice of the USITC, I have determined that a
certain article is not import-sensitive in the context of
imports from beneficiary sub-Saharan African countries. I have
decided to provide duty-free treatment to this article when
imported from any beneficiary sub-Saharan African country.
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.
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 title V and section 604 of the 1974 Act (19 U.S.C.
2461-7, 2483), do proclaim that:
(1) In order to reflect in the HTS the addition of
Afghanistan as a beneficiary developing country and as a least-
developed beneficiary developing country under the GSP, and the
withdrawal of duty-free treatment under the GSP accordedto a
certain article from Chile, general note 4 to the HTS is modified as
provided in section A of the Annex to this proclamation.
(2) In order to provide duty-free treatment for a certain
article when imported from a beneficiary sub-Saharan African
country, the HTS is modified by amending and sub-dividing the
nomenclature of an existing HTS subheading as provided in
section B of the Annex to this proclamation.
(3) In order to provide that Chile should not be treated as
a beneficiary developing country with respect to a certain
eligible article for purposes of the GSP, the Rates of Duty 1-
Special subcolumn for the HTS subheading enumerated in section
C of the Annex to this proclamation is modified as provided in
such section.
(4) A waiver of the application of section 503(c)(2) of the
1974 Act (19 U.S.C. 2463(c)(2)) previously granted to Chile for
HTS subheading 0811.20.20 shall be terminated on the date of
publication of this proclamation in the Federal Register.
(5) Any provisions of previous proclamation and Executive
Orders that are inconsistent with the actions taken in this
proclamation are superseded to the extent of such
inconsistency.
(6)(a) The modification made by section A of the Annex to
this proclamation shall be effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or
after the dates set forth in that section.
(b) The modification made by section B of the Annex to this
proclamation shall be effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or
after the fifteenth day after the date of publication of this
proclamation in the Federal Register.
(c) The modification made by section C of the Annex to this
proclamation shall be effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or
after the thirtieth day after the date of publication of this
proclamation in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth
day of January, 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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