[Federal Register: December 23, 1999 (Volume 64, Number 246)]
[Notices]               
[Page 72138-72139]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de99-127]                         

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 
Implementation of Preferential Tariff Treatment Under the 
Generalized System of Preferences for Certain Articles From South 
Africa

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: Implementation of preferential tariff treatment under the 
Generalized System of Preferences (GSP) for three articles from South 
Africa.

FOR FURTHER INFORMATION CONTACT: Jon Rosenbaum, Assistant United States 
Trade Representative for Trade and Development, Office of the United 
States Trade Representative, 600 17th Street, NW., Room 517, 
Washington, D.C. 20508. The telephone number is (202) 395-6971.

SUPPLEMENTARY INFORMATION: Pursuant to section 503(c)(2) of the Trade 
Act of 1974, as amended (19 U.S.C. 2463 (c)(2)), beneficiary developing 
countries are subject to competitive need limitations on the 
preferential tariff treatment afforded under the GSP. Presidential 
Proclamation 7107 of June 30, 1998 (63 FR 36531; July 6, 1998), in 
relevant part, proclaimed the waiver of competitive need limitations 
and the granting of GSP preferential tariff treatment with respect to 
certain articles from South Africa, with an effective date to be 
determined and announced by the United States Trade Representative by 
publication of a notice in the Federal Register. These included four 
articles in Harmonized Tariff Schedule of the United States (``HTS'') 
subheadings 7108.12.50 (unwrought gold, for electronics, dental), HTS 
7108.13.70 (semi-manufactured gold), HTS 8704.10.50 (articulated dump 
trucks), and HTS 2849.90.50 (carbides). Since that time, the normal 
tariff for one of these items, articles in subheading HTS 8704.10.50 
(articulated dump trucks) has been reduced to zero in accordance with 
the Annex to Presidential Proclamation 6763 of December 23, 1994 (60 FR 
1007, 1614; January 4, 1995), implementing U.S. commitments under the 
Uruguay Round agreements.
    Granting GSP preferential tariff treatment for the articles listed 
above was held in abeyance because of concerns regarding South Africa's 
Medicines Act and its protection of patent rights for pharmaceuticals. 
Section 503 of the Trade Act of 1974 requires the President to consider 
the program's eligibility requirements, including a country's 
protection of intellectual property rights, before granting waivers or 
extending GSP benefits (19 U.S.C. 2463). On September 17, 1999, the 
Governments of the United States and South Africa came to an 
understanding with respect to South Africa's urgent need to provide 
better, more affordable health care while ensuring that intellectual 
property rights are protected. Both Governments reaffirmed their shared 
objective of fully protecting intellectual property rights, including 
their commitment to comply with the WTO Agreement on Trade-Related 
Aspects of Intellectual Property Rights (the TRIPS Agreement).
    Pursuant to authority vested in the United States Trade 
Representative by the laws of the United States, including but not 
limited to sections 503 and 604 of the Trade Act of 1974 and 
Proclamation 7107 of June 30, 1998, and in order to (1) grant GSP 
preferential tariff treatment to articles in HTS subheadings 7108.12.50 
(unwrought gold, for electronics, dental) and 7108.13.70 (semi-
manufactured gold), and (2) provide GSP preferential tariff treatment 
to articles from South Africa in HTS subheading 2849.90.50 (carbides), 
the HTS is modified as specified in the Annex to this notice, effective 
with respect to articles entered, or withdrawn from warehouse, on or

[[Page 72139]]

after the day of publication of this notice.
Charlene Barshefsky,
United States Trade Representative.

Annex

    Section A. General note 4(d) to the Harmonized Tariff Schedule 
of the United States (``HTS'') is modified by deleting the country 
set out opposite the following HTS subheading:

2849.90.50 South Africa

    Section B. Modifications to the Harmonized Tariff Schedule of 
the United States (``HTS'') of an article's preferential tariff 
treatment under the Generalized System of Preferences (``GSP'').
    For the following HTS subheadings, the Rates of Duty 1-special 
subcolumn is modified by deleting the symbol ``A+,'' in the 
parentheses following the ``Free'' rate and by inserting the symbol 
``A,'' in lieu thereof.

7108.12.50
7108.13.70

    Section C. A waiver of the application of section 503(c)(2)(A) 
of the 1974 Act shall apply to imports of eligible articles from 
South Africa that are provided for in HTS subheading 2849.90.50.
[FR Doc. 99-33385 Filed 12-22-99; 8:45 am]
BILLING CODE 3190-01-M