[House Document 110-159]
[From the U.S. Government Publishing Office]
110th Congress, 2d Session - - - - - - - - - - - House Document 110-159
TO TAKE CERTAIN ACTIONS UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT
AND THE GENERALIZED SYSTEM OF PREFERENCES
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A PROCLAMATION TO TAKE CERTAIN ACTIONS UNDER THE AFRICAN GROWTH AND
OPPORTUNITY ACT AND THE GENERALIZED SYSTEM OF PREFERENCES, PURSUANT TO
SECTION 502(f)(1)(A) OF THE TRADE ACT OF 1974
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 3, 2009.--Message and accompanying papers referred to the
Committee on Ways and Means and ordered to be printed
The White House
Washington, December 19, 2008.
Hon. Nancy Pelosi,
Speaker of the House of Representation,
Washington, DC.
Dear Madam Speaker: In accordance with section 502(f)(1)(A)
of the Trade Act of 1974, as amended (the ``1974 Act''), I am
notifying the Congress of my intent to add the Republic of
Kosovo (Kosovo) and the Republic of Azerbaijan (Azerbijan) to
the list of beneficiary developing countries under the
Generalized System of Preferences (GSP) program.
In proclamation 8272 of June 30, 2008, I designated Serbia
as a beneficiary developing country for purposes of the GSP
program. On February 17, 2008, Kosovo declared its independence
from Serbia. Pursuant to section 502 of the 1974 Act, and
having considered the factors set forth in sections 501 and
502(c) of the 1974 Act, and in light of Kosovo's independence
from Serbia, I have determined that Kosovo should be designated
as a separate GSP beneficiary developing country.
In addition, having considered the factors set forth in
sections 501 and 502(c) of the 1974 Act, I have determined that
Azerbaijan should be designated as a beneficiary developing
country for purposes of the GSP program.
Sincerely,
George W. Bush.
To Take Certain Actions Under the African Growth and Opportunity Act
and the Generalized System of Preferences
----------
By the President of the United States of America
A PROCLAMATION
1. Section 506A(a)(1) of the Trade Act of 1974, as amended
(the ``1974 Act'') (19 U.S.C. 2466a(a)(1)), as added by section
111(a) of the African Growth and Opportunity Act (title I of
Public Law 106-200) (AGOA), authorizes the President to
designate a country listed in section 107 of the AGOA (19
U.S.C. 3706) as a beneficiary sub-Saharan African country if
the President determines that the country meets the eligibility
requirements set forth in section 104 of the AGOA (19 U.S.C.
3703) and the eligibility criteria set forth in section 502 of
the 1974 Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to
designate a country listed in section 107 of the AGOA as an
eligible sub-Saharan African country if the President
determines that the country meets certain eligibility
requirements.
3. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as added
by section 6002(a) of the Africa Investment Incentive Act of
2006 (division D, title VI of Public Law 109-432), provides
special rules for certain apparel articles imported from lesser
developed beneficiary sub-Saharan African countries.
4. In Proclamation 8157 of June 28, 2007, I designated the
Islamic Republic of Mauritania (Mauritania) as an eligible sub-
Saharan African country and a beneficiary sub-Saharan African
country pursuant to section 104 of the AGOA and section
506A(a)(1) of the 1974 Act and provided that it would be
considered a lesser developed beneficiary sub-Saharan African
country for purposes of section 112(c) of the AGOA.
5. Section 506A(a)(3) of the 1974 Act (19 U.S.C.
2466a(a)(3)) authorizes the President to terminate the
designation of a country as a beneficiary sub-Saharan African
country for purposes of section 506A if he determines that the
country is not making continual progress in meeting the
requirements described in section 506A(a)(1) of the 1974 Act.
6. Pursuant to section 506A(a)(3) of the 1974 Act, I have
determined that Mauritania is not making continual progress in
meeting the requirements described in section 506A(a)(1) of the
1974 Act. Accordingly, I have decided to terminate the
designation of Mauritania as a beneficiary sub-Saharan African
country for purposes of section 506A of the 1974 Act, effective
on January 1, 2009.
7. Pursuant to sections 501 and 502(a) of the 1974 Act (19
U.S.C. 2461, 2462(a)), the President is authorized to designate
countries as beneficiary developing countries for purposes of
the Generalized System of Preferences (GSP) program.
8. Pursuant to section 502(a)(1) of the 1974 Act, and
having considered the factors set forth in sections 501 and
502(c) (19 U.S.C. 2462(c)), I have determined that the Republic
of Kosovo (Kosovo) should be designated as a beneficiary
developing country for purposes for the GSP program.
9. Pursuant to section 502 of the 1974 Act, and having
considered the factors set forth in sections 501 and 502(c), I
have determined that the Republic of Azerbaijan (Azerbaijan)
should be designated as a beneficiary developing country for
purposes of the GSP program.
10. Section 604 of the 1974 Act (19 U.S.C. 2483), as
amended, authorizes the President to embody in the Harmonized
Tariff Schedule of the United States (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, including
but not limited to section 104 of the AGOA (19 U.S.C. 3703),
and title V and section 604 of the 1974 Act (19 U.S.C. 2461-67,
2483), do proclaim that:
(1) The designation of Mauritania as a beneficiary sub-
Saharan African country for purposes of section 506A of the
1974 Act is terminated, effective on January 1, 2009.
(2) In order to reflect in the HTS that beginning on
January 1, 2009, Mauritania shall no longer be designated as a
beneficiary sub-Saharan African country, general note 16(a) to
the HTS is modified by deleting ``Islamic Republic of
Mauritania'' from the list of beneficiary sub-Saharan African
countries.
(3) Kosovo is designated as a beneficiary developing
country for purposes of the GSP program.
(4) In order to reflect this designation in the HTS,
general note 4(a) to the HTS is modified by adding in
alphabetical order ``Kosovo,'' effective with respect to
articles entered, or withdrawn from warehouse for consumption,
on or after February 1, 2009.
(5) Azerbaijan is designated as a beneficiary developing
country for purposes of the GSP program.
(6) In order to reflect this designation in the HTS,
general note 4(a) to the HTS is modified by adding in
alphabetical order ``Azerbaijan,'' effective with respect to
articles entered, or withdrawn from warehouse for consumption,
on or after February 1, 2009.
(7) 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
nineteenth day of December, 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.