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To Provide for Duty-Free Treatment Under the Earned Import Allowance
Program, and for Other Purposes
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For Immediate Release Office of the Press Secretary November 26, 2008

To Provide for Duty-Free Treatment Under the Earned Import Allowance
Program, and for Other Purposes A Proclamation by the President of the
United States of America

ÿÿWhite House News


1. Section 404 of the Dominican Republic_Central America_United States Free
Trade Agreement Implementation Act (the "CAFTA-DR Act"), as added by
section 2 of Public Law 110-436, 122 Stat. 4976, provides for preferential
tariff treatment of eligible apparel articles wholly assembled in an
eligible country and imported directly from an eligible country, if such
articles are accompanied by an earned import allowance certificate issued
under a program established by the Secretary of Commerce.

2. Section 404(e)(1) of the CAFTA-DR Act, as amended, provides that the
program providing this preferential treatment shall be in effect for the
10-year period beginning on the date on which the President certifies to
the appropriate congressional committees that sections A, B, C, and D of
the Annex to Presidential Proclamation 8213 of December 20, 2007, have
taken effect.

3. On August 7, 2008, the United States Trade Representative (USTR)
published a notice in the Federal Register (73 FR 46057) announcing that
August 15, 2008, would be the effective date for sections A, B, C, and D of
the Annex to Presidential Proclamation 8213.

4. I have determined, and hereby certify, that the provisions of
Proclamation 8213 referenced in section 404(e)(1) of the CAFTA-DR Act, as
amended, have taken effect.

5. Section 6002 of the Africa Investment Incentive Act of 2006 (division D,
title VI of Public Law 109-432) (the "2006 Act") amended section 112(c) of
the African Growth and Opportunity Act (AGOA) (19 U.S.C. 3721(c)) to modify
the preferential tariff treatment accorded to designated lesser developed
beneficiary sub-Saharan African countries.

6. Pursuant to section 6002 of the 2006 Act, in Proclamation 8114 of March
19, 2007, I proclaimed modifications to the Harmonized Tariff Schedule of
the United States (HTS) to provide the tariff treatment authorized by the
2006 Act. The HTS provisions proclaimed in Proclamation 8114 were modified
by Proclamation 8157 of June 28, 2007, and Proclamation 8240 of April 17,
2008, to provide the tariff treatment authorized by the 2006 Act.

7. Section 3 of Public Law 110-436 amends section 112(c) of the AGOA to
modify the tariff treatment applicable to lesser developed beneficiary
sub-Saharan African countries, and to provide that Mauritius is to be
treated as a lesser developed beneficiary sub-Saharan African country for
purposes of the AGOA.

8. Accordingly, in order to reflect the amendments to section 112(c) of the
AGOA, I have determined that it is appropriate to modify the HTS to reflect
the tariff treatment provided to lesser developed beneficiary sub-Saharan
African countries and to provide that Mauritius is to be treated as a
lesser developed beneficiary sub-Saharan African country for purposes of
the AGOA.

9. Section 203(e)(1)(A)(i) of the Andean Trade Preference Act, as amended
(ATPA) (19 U.S.C. 3202(e)(1)(A)(i)), authorizes the President to withdraw
or suspend the designation of any country as a beneficiary country for
purposes of the ATPA if, after such designation, the President determines
that as a result of changed circumstances such country should be barred
from designation as a beneficiary country.

10. 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 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) by adding a new
subparagraph (B)(i) authorizing the President to withdraw or suspend the
designation of any country as a beneficiary country for purposes of the
ATPDEA if, after such designation, the President determines that, as a
result of changed circumstances, the performance of such country is not
satisfactory under the eligibility criteria set forth in section
204(b)(6)(B) of the ATPA, as amended (19 U.S.C. 3203(b)(6)(B)).

11. Section 203(e)(2)(A) of the ATPA, as amended (19 U.S.C. 3202(e)(2)(A))
requires the President to publish notice of the action he proposes to take
at least 30 days before taking action under section 203(e)(1) (19 U.S.C.
3202(e)(1)).

12. On October 1, 2008, the USTR, at my direction, published a notice in
the Federal Register (73 FR 57158) announcing that I proposed to suspend
the designation of Bolivia as a beneficiary country for purposes of the
ATPA and the ATPDEA based on Bolivia's failure to satisfy the eligibility
criteria set forth in section 203(d)(11) and section 204(b)(6)(B)(v) of the
ATPA, as amended (19 U.S.C. 3202(d)(11), 3203(b)(6)(B)(v)).

13. I have determined that Bolivia no longer satisfies the eligibility
criterion in section 203(d)(11) of the ATPA, as amended. Therefore,
pursuant to section 203(e)(1)(A)(i) of the ATPA, I have determined that, as
a result of this changed circumstance, Bolivia's designation as an ATPA
beneficiary country should be suspended.

14. I have determined that Bolivia is no longer performing satisfactorily
under the eligibility criterion in section 204(b)(6)(B)(v) of the ATPA, as
amended. Therefore, pursuant to section 203(e)(1)(B)(i) of the ATPA, I have
determined that, as a result of this changed circumstance, Bolivia's
designation as an ATPDEA beneficiary country should be suspended.

15. Presidential Proclamation 6641 of December 15, 1993, implemented the
North American Free Trade Agreement (NAFTA) with respect to the United
States and, pursuant to the North American Free Trade Agreement
Implementation Act (Public Law 103-182) (the "NAFTA Implementation Act"),
incorporated in the HTS the tariff modifications and rules of origin
necessary or appropriate to carry out the NAFTA.

16. Section 202 of the NAFTA Implementation Act (19 U.S.C. 3332) provides
rules for determining whether goods imported into the United States
originate in the territory of a NAFTA country and thus are eligible for the
tariff and other treatment contemplated under the NAFTA. Section 202(q) of
the NAFTA Implementation Act (19 U.S.C. 3332(q)) authorizes the President
to proclaim, as a part of the HTS, the rules of origin set out in the
NAFTA, and to proclaim modifications to such previously proclaimed rules of
origin, subject to the consultation and layover requirements of section
103(a) of the NAFTA Implementation Act (19 U.S.C. 3313(a)).

17. The United States and Canada have agreed to modify certain NAFTA rules
of origin and to apply the modified rules to their bilateral trade. It is
therefore necessary to modify the NAFTA rules of origin set out in
Proclamation 6641.

18. Section 1230 of the Tax Relief and Health Care Act of 2006 (Public Law
109-432) temporarily modified the rate of duty on triphenyl phosphine.
Modifications to the HTS are necessary to provide the intended tariff
treatment.

19. Presidential Proclamation 7011 of June 30, 1997, implemented the World
Trade Organization Ministerial Declaration on Trade in Information
Technology Products for the United States. Annex 1 to that proclamation
failed to include certain products. Technical corrections and conforming
changes to the HTS are necessary to provide the intended tariff treatment
for those products.

20. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483) (the
"1974 Act"), authorizes the President to embody in the HTS the substance of
relevant provisions of that Act, or other acts affecting import treatment,
and of actions taken thereunder.

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 404 of the
CAFTA-DR Act, as amended, section 104 of the AGOA, section 202 of the NAFTA
Implementation Act, section 203 of the ATPA, as amended, section 604 of the
1974 Act, and section 301 of title 3, United States Code, do proclaim that:

(1) In order to provide the tariff treatment for eligible articles provided
for in section 404 of the CAFTA-DR Act, as added by Public Law 110-436, the
HTS is modified as set forth in Annex A to this proclamation.

(2) In order to reflect changes to the tariff treatment for certain apparel
products under the AGOA, U.S. note 5 to subchapter XIX of chapter 98 of the
HTS, subheadings 9819.15.10 through 9819.15.42, inclusive, and the superior
text thereto are deleted from the HTS, effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or after October
31, 2008.

(3) For purposes of section 112(c) of the AGOA, as amended, Mauritius is
included as a lesser developed beneficiary sub-Saharan African country
effective with respect to articles entered, or withdrawn from warehouse for
consumption, on or after October 31, 2008.

(4) The designation of Bolivia as a beneficiary country for purposes of the
ATPA and ATPDEA is suspended effective on December 15, 2008. Accordingly,
effective on that date, general note 11(a) to the HTS is modified by
deleting "Bolivia" from the list of ATPA beneficiary countries. Further,
general note 11(d) to the HTS is modified by deleting "Bolivia" from the
list of ATPDEA beneficiary countries. In addition, U.S. note 1 to
subchapter XXII of chapter 98 of the HTS is modified by removing "Bolivia"
from the list of ATPDEA beneficiary countries.

(5) In order to modify the rules of origin under the NAFTA, general note 12
to the HTS is modified as set forth in Annex B to this proclamation.

(6) (a) The modifications to the HTS set forth in Annex A to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the date set forth in
Annex A.

(b) The modifications to the HTS set forth in Annex B to this proclamation
shall enter into effect on the date that the USTR announces in a notice
published in the Federal Register that Canada has completed its applicable
domestic procedures to give effect to corresponding modifications to be
applied to goods of the United States and shall be effective with respect
to goods of Canada entered, or withdrawn from warehouse for consumption, on
or after the date indicated in the notice.

(7) In order to provide the intended tariff treatment to triphenyl
phosphine and to correct the error identified in paragraph 19, the HTS is
modified as provided in Annex C to this proclamation.

(8) The modifications to the HTS made in Annex C to this proclamation shall
be effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the date set out in that Annex.

(9) The USTR shall notify the Congress of this proclamation and my
certification as provided in section 404(e) of the CAFTA-DR Act, as
amended.

(10) Any provisions of previous proclamations and Executive Orders that are
inconsistent with the actions taken in this proclamation are superseded to
the extent of such inconsistency.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
November, in the year of our Lord two thousand eight, and of the
Independence of the United States of America the two hundred and
thirty-third.

GEORGE W. BUSH

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