For Immediate Release
Office of the Press Secretary
October 31, 2002
Andean Trade Promotion and Drug Eradication Act
By the President of the United States of America
A Proclamation
1. Section 3103 of the Andean Trade Promotion and Drug Eradication
Act (title XXXI of the Trade Act of 2002, Public Law 107-210) (ATPDEA)
amended section 204(b) of the Andean Trade Preference Act (19 U.S.C.
3203(b)) (ATPA) to provide that certain preferential tariff treatment
may be provided to eligible articles that are the product of any
country that the President designates as an "ATPDEA beneficiary
country" pursuant to section 204(b)(6)(B) of the ATPA, as amended,
provided that the President determines that the country has satisfied
the requirements of section 204(b)(5)(A)(ii)(I) of the ATPA, as
amended, relating to the implementation of procedures and requirements
similar to those in chapter 5 of the North American Free Trade
Agreement (NAFTA).
2. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the
ATPA to authorize the President to proclaim duty-free treatment for any
article described in section 204(b)(1)(A) through (D) of the ATPA, as
amended, that is the growth, product, or manufacture of an ATPDEA
beneficiary country, that is imported directly into the customs
territory of the United States from an ATPDEA beneficiary country, and
that meets the requirements of section 204 of the ATPA, as amended, if
the President determines that such article is not import-sensitive in
the context of imports from ATPDEA beneficiary countries, provided that
the President determines that the country has satisfied the
requirements of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended,
relating to the implementation of procedures and requirements similar
to those in chapter 5 of the NAFTA.
3. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the
ATPA to provide that eligible textile and apparel articles of a
designated ATPDEA beneficiary country shall enter the United States
free of duty and free of quantitative limitations, provided that the
President determines that the country has satisfied the requirements of
section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the
implementation of procedures and requirements similar to those in
chapter 5 of the NAFTA.
4. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the
ATPA to provide that eligible tuna products of a desig-nated ATPDEA
beneficiary country shall enter the United States free of duty and free
of quantitative limitations, provided that the President determines
that the country has satisfied the requirements of section
204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the
implementation of procedures and requirements similar to those in
chapter 5 of the NAFTA.
5. Section 203(e)(2)(A) of the ATPA (19 U.S.C. 3202(e)(2)(A))
requires the President to publish in the Federal Register notice of
proposed action under section 203(e)(1) of the ATPA (19 U.S.C.
3202(e)(1)) at least 30 days prior to taking such action. Section
212(e)(2)(A) of the Caribbean Basin Economic Recovery
Act (CBERA) (19 U.S.C. 2702(e)(2)(A)) requires the President to
publish in the Federal Register notice of proposed action under section
212(e)(1) of the CBERA (19 U.S.C. 2702(e)(1)) at least 30 days prior to
taking such action.
6. In order to implement the tariff treatment provided under the
ATPDEA, it is necessary to modify the Harmonized Tariff Schedule of the
United States (HTS).
7. Section 604 of the Trade Act of 1974 (19 U.S.C. 2483) (1974
Trade Act) 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 section 604 of
the 1974 Trade Act, do proclaim as follows:
(1) I have designated the following countries as ATPDEA
beneficiary countries pursuant to section 204(b)(6)(B) of the ATPA, as
amended, and have determined that these countries have satisfied the
requirements of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended,
relating to the implementation of procedures and requirements similar
to those in chapter 5 of the NAFTA:
Bolivia
Colombia
Ecuador
Peru.
(2) In order to provide for the preferential treatment provided
for in section 204(b) of the ATPA, as amended, the HTS is modified as
provided in the annex to this proclamation.
(3) The functions of the President under section 203(e)(2)(A) of
the ATPA and section 212(e)(2)(A) of the CBERA with respect to
publishing notice of this proclamation are delegated to the United
States Trade Representative.
(4) Any provisions of previous proclamations and Executive Orders
that are inconsistent with this proclamation are superseded to the
extent of such inconsistency.
(5) This proclamation is effective on the date of signature.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first
day of October, in the year of our Lord two thousand two, and of the
Independence of the United States of America the two hundred and
twenty-seventh.
GEORGE W. BUSH
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