For Immediate Release
Office of the Press Secretary
June 30, 2004
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 section 503(c)(1) of title V of the Trade Act of
1974, as amended (the "1974 Act") (19 U.S.C. 2463(c)(1)), the President
may withdraw, suspend, or limit 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(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.
3. 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.
4. 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 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)).
5. 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.
6. Pursuant to section 503(c)(1) of the 1974 Act, and having
considered the factors set forth in sections 501 and 502(c) (19 U.S.C.
2461 and 2462(c)), I have determined that it is appropriate to withdraw
the designation of certain articles as eligible articles under the GSP
when imported from any beneficiary developing country. In order to do
so for two of the articles, it is necessary to subdivide and amend the
nomenclature of existing subheadings of the HTS.
7. 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
a certain article from a certain beneficiary developing country.
8. Pursuant to section 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 2003.
9. 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).
10. 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.
11. 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.
12. 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 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 (19 U.S.C. 2461-7, 2483), 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 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 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 withdraw the designation of certain articles as
eligible articles for purposes of the GSP, the HTS is modified by
amending and subdividing the nomenclature of certain existing HTS
subheadings as provided in section B of Annex I to this proclamation.
(3) (a) 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(1) of Annex I to this proclamation.
(b) In order to provide that one or more countries 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(2) of
Annex I to this proclamation.
(c) In order to withdraw preferential tariff treatment under the
GSP for a certain article imported from any beneficiary developing
country, the Rates of Duty 1-Special subcolumn for such HTS subheading
is modified as provided for in section C(3) 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 article in the HTS subheading and
to the beneficiary developing country listed in Annex III to this
proclamation.
(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, 2004.
(b) The actions taken in Annex II to this proclamation shall be
effective on July 1, 2004.
(c) The action taken in Annex III to this proclamation shall be
effective on the date of this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of June, in the year of our Lord two thousand four, and
of the Independence of the United States of America the two hundred and
twenty-eighth.
GEORGE W. BUSH
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