THE WHITE HOUSE
Office of the Press Secretary
(Shanghai, People's Republic of China)
________________________________________________________________________
For Immediate Release July 1, 1998
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)), as amended, 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(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 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. Pursuant to section 503(c)(2)(C) of the 1974 Act (19 U.S.C.
2463(c)(2)(C)), 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) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)), during the preceding calendar year.
4. Pursuant to section 503(c)(2)(F) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)), the President may disregard the competitive need
limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article if
the aggregate appraised value of the imports of such article into the
United States during the preceding calendar year does not exceed the
applicable amount set forth in section 503(c)(2)(F)(ii) of the 1974 Act
(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
of any beneficiary developing country if certain conditions are met.
6. Section 507(2) of the 1974 Act (19 U.S.C. 2467(2)) provides
that in the case of an association of countries which is a free trade
area or customs union, or which is contributing to comprehensive
regional economic integration among its members through appropriate
means, including, but not limited to, the reduction of duties, the
President may provide that all members of such association other than
members which are barred from designation under section 502(b) of the
1974 Act (19 U.S.C. 2462(b)) shall be treated as one country for
purposes of title V of the 1974 Act.
7. 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), I have determined to designate certain
articles, previously designated under section 503(a)(1)(B), as eligible
articles from additional beneficiary developing countries. In order to
do so, it is necessary to subdivide and amend the nomenclature of
existing subheadings of the HTS. For certain articles, I have decided
that the effective date of designation shall be determined by the United
States Trade Representative (USTR).
8. Pursuant to section 503(c)(1) of the 1974 Act, I have
determined to limit the application of duty-free treatment accorded to
certain articles from certain beneficiary developing countries.
9. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have
determined that certain beneficiary developing countries should not
receive preferential tariff treatment under the GSP with respect to
certain eligible articles imported in quantities that exceed the
applicable competitive need limitation.
10. 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).
11. 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. For certain
articles, I have decided that the effective date of the waiver shall be
determined by the USTR.
12. 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 waivers, 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. For a certain article, I have decided
that the effective date of the waiver shall be determined by the USTR.
13. Pursuant to section 507(2) of the 1974 Act, I have determined
that members of the West African Economic and Monetary Union (WAEMU)
should be treated as one country for purposes of title V of the 1974
Act.
14. Pursuant to section 507(2) of the 1974 Act, I have determined
that members of the Southern African Development Community (SADC) should
be treated as one country for purposes of title V of the 1974 Act. The
USTR shall determine which specific members of the SADC are to be
included in the designation under section 507(2) of the 1974 Act and
shall determine the effective date or dates of the designation. The
USTR shall announce by publication in the Federal Register the specific
SADC members to be included in the designation and the effective date or
dates.
15. Pursuant to section 507(2) of the 1974 Act, I have determined
that members of the Tripartite Commission for East African Cooperation
(EAC) should be treated as one country for purposes of title V of the
1974 Act. The USTR shall deter-mine which specific members of the EAC
are to be included in the designation under section 507(2) of the 1974
Act and shall determine the effective date or dates of the designation.
The USTR shall announce by publication in the Federal Register the
specific EAC members to be included in the designation and the effective
date or dates.
16. 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, WILLIAM J. CLINTON, 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 designated as beneficiary developing
countries with respect to such article or articles for purposes of the
GSP, and that one or more countries should not be treated as beneficiary
developing countries with respect to one or more eligible articles for
purposes of the GSP, general note 4 to the HTS is modified as provided
in section A of Annex I and section A of Annex IV to this proclamation.
(2) In order to designate certain articles, previously designated
under section 503(a)(1)(B), as eligible articles from additional
beneficiary developing countries, the HTS is modified by amending and
subdividing the nomenclature of 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 certain HTS
subheadings is modified as provided in section C(1) of Annex I and
section B of Annex IV to this proclamation.
(b) In order to designate certain articles, previously
designated under section 503(a)(1)(B), as eligible articles from
additional beneficiary developing countries, the Rates of Duty 1-Special
subcolumn for the HTS subheadings enumerated in section C(2) of Annex I
to this proclamation is modified as provided in such section.
(c) In order to provide preferential tariff treatment under the
GSP to beneficiary developing countries that have been excluded from the
benefits of the GSP for certain eligible articles, the Rates of Duty
1-Special subcolumn for each of the HTS subheadings enumerated in
section C(3) of Annex I to this proclamation is modified as provided in
such section.
(d) 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 each of the HTS subheadings enumerated in section C(4) of
Annex I to this proclamation is modified as provided in such section.
(4) A waiver of the application of section 503(c)(2)(A) of the 1974
Act shall apply to the eligible articles in the HTS subheadings and to
the beneficiary developing countries set forth in Annex II and in
section C of Annex IV to this proclamation.
(5) In order to provide for the continuation of previously
proclaimed staged reductions of duties in the Rates of Duty 1-General
subcolumn for goods that fall in the HTS subheadings modified by section
B of Annex I to this proclamation and that are entered, or withdrawn
from warehouse for consumption, on or after the dates specified in
section A of Annex III to this proclamation, the rate of duty in the HTS
set forth in such subcolumn for each of the HTS subheadings enumerated
in section A of Annex III to this proclamation is deleted and the rate
of duty provided in such section is inserted in lieu thereof.
(6) In order to provide for the continuation of previously
proclaimed staged reductions of duties in the Rates of Duty 1-Special
subcolumn for certain goods of Mexico that fall in the HTS subheadings
modified by section B of Annex I to this proclamation and effective with
respect to goods of Mexico under the terms of general note 12 to the HTS
that are entered, or withdrawn from warehouse for consumption, on or
after the dates specified in section B of Annex III to this
proclamation, the rate of duty in the HTS set forth in such subcolumn
followed by the symbol "MX" in parentheses for each of the HTS
subheadings enumerated in section B of Annex III to this proclamation is
deleted and the rate of duty provided in such section is inserted in
lieu thereof.
(7) In order to reflect in the HTS the decision that members of the
WAEMU should be treated as one country for purposes of title V of the
1974 Act, and to enumerate the member countries, general note 4(a) to
the HTS is modified as provided in Annex V to this proclamation.
(8) In order to reflect in the HTS the decision that members of the
SADC should be treated as one country for purposes of title V of the
1974 Act, and to enumerate those member countries that should benefit
from such designation, general note 4(a) to the HTS is to be modified as
set forth in a notice or notices that the USTR shall cause to be
published in the Federal Register. Such notice or notices should direct
the insertion in general note 4(a) of the title of the association and
the names of those member countries that should be treated as one
country for purposes of title V of the 1974 Act, and should specify the
effective date of such designation.
(9) In order to reflect in the HTS the decision that members of the
EAC should be treated as one country for purposes of title V of the 1974
Act, and to enumerate those member countries that should benefit from
such designation, general note 4(a) to the HTS is to be modified as set
forth in a notice or notices that the USTR shall cause to be published
in the Federal Register. Such notice or notices should direct the
insertion in general note 4(a) of the title of the association and the
names of those member countries that should be treated as one country
for purposes of title V of the 1974 Act, and should specify the
effective date of such designation.
(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.
(11)(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, 1998.
(b) The action taken in Annex II to this proclama-tion shall be
effective on the date of signature of this proclamation.
(c) The modifications made by Annex III to this proclamation
shall be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the dates set forth in such
Annex.
(d) The modifications made by Annex IV to this proclamation
shall be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after a date to be announced in the
Federal Register by the USTR.
(e) The modification made by Annex V to this proclamation shall
be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date of signature of this
proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day
of June, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
# # #
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We demand the whole truth with an honest viewpoint.
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Forest Glen Durland, CEO. 14675 1/2 Big Basin Way, Saratoga, CA 95070-6081
Voice: (408) 867-4410; Fax: (408)868-9446; Click here for email.
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