[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFR7689]
Proc. 7689
Proclamation 7689 of June 30, 2003
To Modify Duty-Free Treatment Under the Generalized System of Preferences
By the President of the United States of America
A Proclamation
1. Pursuant to sections 501, 503(a)(1)(A), and 503(c)(1) of
title V of the Trade Act of 1974, as amended (the ``1974
Act'') (19 U.S.C. 2461, 2463(a)(1)(A), and 2463(c)(1)), the
President may designate or withdraw designation of specified
articles provided for in the Harmonized Tariff Schedule of the
United States (HTS) as eligible for preferential tariff
treatment under the Generalized System of Preferences (GSP)
when imported from designated beneficiary developing
countries.
2. Pursuant to section 503(a)(1)(B) of the 1974 Act (19 U.S.C.
2463(a)(1)(B)), the President may designate articles as
eligible articles only for countries designated as least-
developed beneficiary developing countries under section
502(a)(2) (19 U.S.C. 2462(a)(2)), if the President determines
that such articles are not import-sensitive in the context of
imports from such least-developed beneficiary developing
countries.
3. Pursuant to section 503(c)(2)(A) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)), beneficiary developing countries, except those
designated as least-developed beneficiary developing countries
or beneficiary sub-Saharan African countries pursuant to
section 503(c)(2)(D) of the 1974 Act (19 U.S.C.
2463(c)(2)(D)), are subject to competitive need limitations on
the preferential treatment afforded under the GSP to eligible
articles.
4. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C.
2463(c)(2)(C)), provides that a country that is no longer
treated as a beneficiary developing country with respect to an
eligible article may be redesignated as a beneficiary
developing country with respect to such article if imports of
such article from such country did not exceed the competitive
need limitations in section 503(c)(2)(A) during the preceding
calendar year.
5. Section 503(c)(2)(F) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)), provides that the President may disregard the
competitive need limitation provided in section
503(c)(2)(A)(i)(II) (19 U.S.C. 2463(c)(2)(A)(i)(II)) with
respect to any eligible article from any beneficiary
developing country if the aggregate appraised value of the
imports of such article into the United States during
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the preceding calendar year does not exceed an amount set
forth in section 503(c)(2)(F)(ii) (19 U.S.C.
2463(c)(2)(F)(ii)).
6. Pursuant to section 503(d) of the 1974 Act (19 U.S.C.
2463(d)), the President may waive the application of the
competitive need limitations in section 503(c)(2)(A) with
respect to any eligible article from any beneficiary
developing country if certain conditions are met.
7. (a) Pursuant to sections 501 and 503(a)(1)(A) of the 1974
Act, and after receiving advice from the International Trade
Commission in accordance with section 503(e) (19 U.S.C.
2463(e)), I have determined to designate certain articles,
previously designated under section 503(a)(1)(B), as eligible
articles when imported from any beneficiary developing
country. In order to do so, it is necessary to subdivide and
amend the nomenclature of existing subheadings of the HTS.
(b) Furthermore, I have determined that it is appropriate to
modify the application of duty-free treatment under title V of
the 1974 Act for a certain article, in particular for a good
previously eligible for such treatment that the Bureau of
Customs and Border Protection reclassified.
8. Pursuant to section 503(a)(1)(B) of the 1974 Act, I have
determined to designate certain articles as eligible articles
under the GSP only for least-developed beneficiary developing
countries.
9. Pursuant to section 503(c)(1) of the 1974 Act, and having
considered the factors set forth in sections 501 and 502(c), I
have determined to limit the application of duty-free
treatment accorded to certain articles from certain
beneficiary developing countries.
10. Pursuant to sections 503(c)(1) and 503(c)(2)(A) of the
1974 Act, I have determined that certain beneficiary countries
should no longer receive preferential tariff treatment under
the GSP with respect to certain eligible articles that were
imported in quantities exceeding the applicable competitive
need limitation in 2002.
11. Pursuant to section 503(c)(2)(C) of the 1974 Act, I have
determined that certain countries should be redesignated as
beneficiary developing countries with respect to certain
eligible articles that previously had been imported in
quantities exceeding the competitive need limitations of
section 503(c)(2)(A).
12. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have
determined that the competitive need limitation provided in
section 503(c)(2)(A)(i)(II) should be waived with respect to
certain eligible articles from certain beneficiary developing
countries.
13. Pursuant to section 503(d) of the 1974 Act, I have
determined that the competitive need limitations of section
503(c)(2)(A) should be waived with respect to certain eligible
articles from certain beneficiary developing countries. I have
received the advice of the International Trade Commission on
whether any industries in the United States are likely to be
adversely affected by such waiver, and I have determined,
based on that advice and on the considerations described in
sections 501 and 502(c), that such waivers are in the national
economic interest of the United States.
14. Section 604 of the 1974 Act, as amended (19 U.S.C. 2483),
authorizes the President to embody in the HTS the substance of
the relevant provisions of that Act, and of other acts
affecting import treatment, and actions
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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 but not limited to title V and section 604 of the
1974 Act, do proclaim that:
(1) In order to provide that one or more countries that have
not been treated as beneficiary developing countries with
respect to one or more eligible articles should be
redesignated as beneficiary developing countries with respect
to such article or articles for purposes of the GSP, and, in
order to provide that one or more countries should no longer
be treated as a beneficiary developing country with respect to
one or more eligible articles for purposes of the GSP, general
note 4(d) to the HTS is modified as provided in section A of
Annex I to this proclamation.
(2) In order to designate certain articles as eligible
articles for purposes of the GSP, the HTS is modified by
amending and sub-dividing the nomenclature of certain existing
HTS subheadings as provided in section B of Annex I to this
proclamation.
(3)(a) In order to designate certain articles as eligible
articles for purposes of the GSP when imported from any
beneficiary developing country, the Rates of Duty 1-Special
subcolumn for such HTS subheadings is modified as provided in
section C(1) of Annex I to this proclamation.
(b) In order to designate certain articles as eligible
articles for purposes of the GSP when imported from any
beneficiary developing country other than India, the Rates of
Duty 1-Special subcolumn for such HTS subheadings is modified
as provided for in section C(2) of Annex I to this
proclamation.
(c) In order to designate certain articles as eligible
articles for purposes of the GSP when imported from any least-
developed beneficiary developing country, the Rates of Duty 1-
Special subcolumn for such HTS subheadings is modified as
provided in section C(3) of Annex I to this proclamation.
(d) In order to provide preferential tariff treatment under
the GSP to a beneficiary developing country that has been
excluded from the benefits of the GSP for certain eligible
articles, the Rates of Duty 1-Special subcolumn for such HTS
subheadings is modified as provided for in section C(4) of
Annex I to this proclamation.
(e) In order to provide that one or more countries should not
be treated as a beneficiary developing country with respect to
certain eligible articles for purposes of the GSP, the Rates
of Duty 1-Special subcolumn for such HTS subheadings is
modified as provided for in section C(5) of Annex I to this
proclamation.
(4) A waiver of the application of section 503(c)(2)(A)(i)(II)
of the 1974 Act shall apply to the eligible articles in the
HTS subheadings and to the beneficiary developing countries
listed in Annex II to this proclamation.
(5) A waiver of the application of section 503(c)(2)(A) of the
1974 Act shall apply to the eligible articles in the HTS
subheading and to the beneficiary developing countries set
forth in Annex III to this proclamation.
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(6) Any provisions of previous proclamations or Executive
orders that are inconsistent with the actions taken in this
proclamation are superseded to the extent of such
inconsistency.
(7)(a) The modifications made by Annex I to this proclamation
shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after July 1,
2003.
(b) The actions taken in Annex II to this proclamation shall
be effective on July 1, 2003.
(c) The actions taken in Annex III to this proclamation shall
be effective on the date of publication of this proclamation
in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth
day of June, 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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