[Federal Register: January 4, 2007 (Volume 72, Number 2)]
[Presidential Documents]
[Page 453-458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja07-92]
Presidential Documents
[[Page 453]]
Proclamation 8097 of December 27, 2006
To Modify the Harmonized Tariff Schedule of the
United States, To Adjust Rules of Origin Under the
United States-Australia Free Trade Agreement and for
Other Purposes
By the President of the United States of America
A Proclamation
1. Section 1205(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (19
U.S.C. 3005(a)) directs the United States International
Trade Commission (the ``Commission'') to keep the
Harmonized Tariff Schedule of the United States (HTS)
under continuous review and periodically to recommend
to the President such modifications to the HTS as the
Commission considers necessary or appropriate to
accomplish the purposes set forth in that subsection.
The Commission has recommended modifications to the HTS
pursuant to sections 1205(c) and (d) of the 1988 Act
(19 U.S.C. 3005(c) and (d)) to conform the HTS to
amendments made to the International Convention on the
Harmonized Commodity Description and Coding System (the
``Convention'').
2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a))
authorizes the President to proclaim modifications to
the HTS based on the recommendations of the Commission
under section 1205 of the 1988 Act, if he determines
that the modifications are in conformity with United
States obligations under the Convention and do not run
counter to the national economic interest of the United
States. I have determined that the modifications to the
HTS proclaimed in this proclamation pursuant to section
1206(a) of the 1988 Act (19 U.S.C. 3006(a)) are in
conformity with United States obligations under the
Convention and do not run counter to the national
economic interest of the United States.
3. Presidential Proclamation 6641 of December 15, 1993,
implemented the North American Free Trade Agreement
(the ``NAFTA'') with respect to the United States and,
pursuant to section 201 of the North American Free
Trade Agreement Implementation Act (the ``NAFTA
Implementation Act'') (19 U.S.C. 3331), the staged
reductions in rates of duty that the President
determined to be necessary or appropriate to carry out
articles 302, 305, 307, 308, and 703 and Annexes 302.2,
307.1, 308.1, 308.2, 300-B, 703.2, and 703.3 of the
NAFTA. In order to ensure the continuation of such
staged reductions in rates of duty for originating
goods of Mexico under tariff categories that are being
modified to reflect the amendments to the Convention, I
have determined that additional modifications to the
HTS are necessary or appropriate to carry out the duty
reductions previously proclaimed.
4. Presidential Proclamation 6763 of December 23, 1994,
implemented with respect to the United States the trade
agreements resulting from the Uruguay Round of
multilateral trade negotiations, including Schedule XX-
United States of America, annexed to the Marrakesh
Protocol to the General Agreement on Tariffs and Trade
1994 (Schedule XX), that were entered into pursuant to
sections 1102(a) and (e) of the 1988 Act (19 U.S.C.
2902(a) and (e)) and approved in section 101(a) of the
Uruguay Round Agreements Act (URAA) (19 U.S.C.
3511(a)).
[[Page 454]]
5. Pursuant to the authority provided in section 111 of
the URAA (19 U.S.C. 3521) and sections 1102(a) and (e)
of the 1988 Act, Proclamation 6763 included the staged
reductions in rates of duty that the President
determined to be necessary or appropriate to carry out
the provisions of Schedule XX. In order to ensure the
continuation of such rates of duty for imported goods
under tariff categories that are being modified to
reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are
necessary or appropriate to carry out the duty
reductions previously proclaimed, including certain
technical or conforming changes within the tariff
schedule.
6. Presidential Proclamation 7351 of October 2, 2000,
implemented section 211 of the United States-Caribbean
Basin Trade Partnership Act (CBTPA) (title II of Public
Law 106-200, 114 Stat. 286) in order to provide certain
preferential tariff treatment to eligible articles that
are the product of any country that the President
designates as a ``CBTPA beneficiary country'' and that
the President determines to have satisfied the
requirements of section 213(b)(4)(A)(ii) of the
Caribbean Basin Economic Recovery Act (CBERA) (19
U.S.C. 2703(b)(4)(A)(ii)). Section 213(b)(3) of the
CBERA (19 U.S.C. 2703(b)(3)) provides that the tariff
treatment accorded at any time under the CBTPA to any
article referred to in section 213(b)(1)(B) through (F)
of the CBERA (19 U.S.C. 2703(b)(1)(B) through (F)) that
is a CBTPA originating good shall be identical to the
tariff treatment that is accorded at such time under
Annex 302.2 of the NAFTA to an article described in the
same 8-digit subheading of the HTS that is a good of
Mexico and is imported into the United States.
7. Pursuant to section 213(b) of the CBERA,
Proclamation 7351 included the staged reductions in
rates of duty that the President determined to be
necessary or appropriate to provide such identical
tariff treatment to CBTPA originating goods. In order
to ensure the continuation of the rates of duty for
imported goods under tariff categories that are being
modified to reflect the amendments to the Convention, I
have determined that additional modifications to the
HTS are necessary or appropriate to carry out the duty
reductions previously proclaimed.
8. Presidential Proclamation 7512 of December 7, 2001,
implemented the Agreement Between the United States of
America and the Hashemite Kingdom of Jordan on the
Establishment of a Free Trade Area (JFTA), with respect
to the United States and, pursuant to section 101 of
the United States-Jordan Free Trade Area Implementation
Act (the ``JFTA Act'') (19 U.S.C. 2112 note), the
staged reductions in rates of duty that I determined to
be necessary or appropriate to carry out the
concessions set forth in Annex 2.1 to the JFTA. In
order to ensure the continuation of such staged
reductions in rates of duty for originating goods under
tariff categories that are being modified to reflect
the amendments to the Convention, I have determined
that additional modifications to the HTS are necessary
or appropriate to carry out the duty reductions
previously proclaimed.
9. Presidential Proclamation 7747 of December 30, 2003,
implemented the United States-Singapore Free Trade
Agreement (USSFTA) with respect to the United States
and, pursuant to section 201 of the United States-
Singapore Free Trade Agreement Implementation Act (the
``USSFTA Act'') (19 U.S.C. 3805 note), the staged
reductions in rates of duty that I determined to be
necessary or appropriate to carry out or apply articles
2.2, 2.5, 2.6, and 2.12 of the USSFTA and the schedule
of reductions with respect to the Republic of Singapore
set forth in Annex 2B of the USSFTA. In order to ensure
the continuation of such staged reductions in rates of
duty for originating goods under tariff categories that
are being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.
10. Presidential Proclamation 7746 of December 30,
2003, implemented the United States-Chile Free Trade
Agreement (USCFTA) with respect to the
[[Page 455]]
United States and, pursuant to section 201 of the
United States-Chile Free Trade Agreement Implementation
Act (the ``CFTA Act'') (19 U.S.C. 3805 note), the
staged reductions in rates of duty that I determined to
be necessary or appropriate to carry out or apply
articles 3.3 (including the schedule of United States
duty reductions with respect to originating goods set
forth in Annex 3.3 to the USCFTA), 3.7, 3.9, and
3.20(8), (9), (10), and (11) of the USCFTA. In order to
ensure the continuation of such staged reductions in
rates of duty for originating goods under tariff
categories that are being modified to reflect the
amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or
appropriate to carry out the duty reductions previously
proclaimed.
11. Presidential Proclamation 7857 of December 20,
2004, implemented the United States-Australia Free
Trade Agreement (USAFTA) with respect to the United
States and, pursuant to section 201 of the United
States-Australia Free Trade Agreement Implementation
Act (the ``USAFTA Act'') (19 U.S.C. 3805 note), the
staged reductions in rates of duty that I determined to
be necessary or appropriate to carry out or apply
articles 2.3, 2.5, and 2.6 of the USAFTA and the
schedule of reductions with respect to Australia set
forth in Annex 2B of the USAFTA.
12. Because the substance of the changes to the
Convention will be reflected in slightly differing form
in the national tariff schedules of the parties to the
USAFTA, the rules of origin set out in Annexes 4A and
5A of that Agreement must be changed to ensure that the
tariff and certain other treatment accorded under the
USAFTA to originating goods will continue to be
provided under the tariff categories that are being
modified to reflect the amendments to the Convention.
The USAFTA parties have agreed to make these changes.
13. Section 203 of the USAFTA Act provides certain
rules for determining whether a good is an originating
good for the purposes of implementing tariff treatment
under the USAFTA. Section 203(o) of the USAFTA Act
authorizes the President to proclaim the rules of
origin set out in the USAFTA and any subordinate tariff
categories necessary to carry out the USAFTA.
14. I have determined that the modifications to the HTS
proclaimed in this proclamation pursuant to sections
201 and 203 of the USAFTA Act are necessary or
appropriate to ensure that the tariff and certain other
treatment accorded under the USAFTA will continue to be
given to originating goods under tariff categories that
are being modified to reflect the amendments to the
Convention and to carry out the duty reductions
previously proclaimed.
15. Presidential Proclamation 7971 of December 22,
2005, implemented the United States-Morocco Free Trade
Agreement (USMFTA) with respect to the United States
and, pursuant to section 201 of the United States-
Morocco Free Trade Agreement Implementation Act (the
``USMFTA Act'') (19 U.S.C. 3805 note), the staged
reductions in rates of duty that I determined to be
necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13,
4.3.14, and 4.3.15 of the USMFTA and the schedule of
reductions with respect to Morocco set forth in Annex
IV of the USMFTA. In order to ensure the continuation
of such staged reductions in rates of duty for
originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.
16. Presidential Proclamations 7987 of February 28,
2006, 7991 of March 24, 2006, 7996 of March 31, 2006,
and 8034 of June 30, 2006, implemented the Dominican
Republic-Central America-United States Free Trade
Agreement (CAFTA-DR Agreement) with respect to the
United States and, pursuant to section 201 of the
Dominican Republic-Central America-United States
Implementation Act (the ``CAFTA-DR Act'') (19 U.S.C.
4031), the staged reductions in rates of duty that I
determined to be necessary or appropriate to carry out
or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and
3.28, and
[[Page 456]]
Annexes 3.3 (including the schedule of the United
States duty reductions with respect to originating
goods), 3.27, and 3.28. In order to ensure the
continuation of such staged reductions in rates of duty
for originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.
17. Presidential Proclamation 8039 of July 27, 2006,
implemented the United States-Bahrain Free Trade
Agreement (USBFTA) with respect to the United States
and, pursuant to section 201 of the United States-
Bahrain Free Trade Agreement Implementation Act (the
``USBFTA Act'') (19 U.S.C. 3805 note), the staged
reductions in rates of duty that I determined to be
necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and the schedule of
reductions with respect to Bahrain set forth in Annex
2-B of the USBFTA. In order to ensure the continuation
of such staged reductions in rates of duty for
originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.
18. Section 604 of the Trade Act of 1974, as amended
(the ``Trade Act'') (19 U.S.C. 2483), authorizes the
President to embody in the HTS the substance of the
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. Section
1206(c) of the 1988 Act, as amended (19 U.S.C.
3006(c)), provides that any modifications proclaimed by
the President under section 1206(a) of that Act may not
take effect before the thirtieth day after the date on
which the text of the proclamation is published in the
Federal Register.
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
sections 1102 and 1206 of the 1988 Act, section 214 of
the CBERA, section 201 of the NAFTA Implementation Act,
section 111 of the URAA, section 101 of the JFTA Act,
section 201 of the USSFTA Act, section 201 of the
USCFTA Act, sections 201 and 203 of the USAFTA Act,
section 201 of the USMFTA Act, section 201 of the
CAFTA-DR Act, section 201 of the USBFTA Act, and
section 604 of the Trade Act do proclaim that:
(1) In order to modify the HTS to conform it to the
Convention or any amendment thereto recommended for
adoption, to promote the uniform application of the
Convention, to establish additional subordinate tariff
categories, and to make technical and conforming
changes to existing provisions, the HTS is modified as
set forth in Annex I of Publication 3898 of the United
States International Trade Commission, entitled,
``Modifications to the Harmonized Tariff Schedule of
the United States Under Section 1206 of the Omnibus
Trade and Competitiveness Act of 1988,'' which is
incorporated by reference into this proclamation.
(2) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Mexico under the NAFTA that are classifiable in the
provisions modified by Annex I of Publication 3898 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in section F of
Annex II of Publication 3898, the rate of duty in the
HTS set forth in the Rates of Duty 1-Special subcolumn
for each of the HTS subheadings enumerated in section F
of Annex II shall be deleted and the rate of duty
provided in such section inserted in lieu thereof.
(3) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for goods under the
terms of general note 17 to the HTS that are
classifiable in the provisions modified by Annex I of
Publication 3898 and entered, or withdrawn from
warehouse for consumption, on or after each of the
dates specified in section
[[Page 457]]
H of Annex II of Publication 3898, the rate of duty in
the HTS set forth in the Rates of Duty 1-Special
subcolumn for each of the HTS subheadings enumerated in
section H of Annex II shall be deleted and the rate of
duty provided in such section inserted in lieu thereof.
(4) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Jordan under the JFTA that are classifiable in the
provisions modified by Annex I of Publication 3898 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in section D of
Annex II of Publication 3898, the rate of duty in the
HTS set forth in the Rates of Duty 1-Special subcolumn
for each of the HTS subheadings enumerated in section D
of Annex II shall be deleted and the rate of duty
provided in such section inserted in lieu thereof.
(5) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Singapore under USSFTA that are classifiable in the
provisions modified by Annex I of Publication 3898 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in sections J
of Annex II of Publication 3898, the rate of duty in
the HTS set forth in the Rates of Duty 1-Special
subcolumn for each of the HTS subheadings enumerated in
section J of Annex II shall be deleted and the rate of
duty provided in such section inserted in lieu thereof.
(6) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Chile under USCFTA that are classifiable in the
provisions modified by Annex I of Publication 3898 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in sections C,
K, and L of Annex II of Publication 3898, the rate of
duty in the HTS set forth in the Rates of Duty 1-
Special subcolumn for each of the HTS subheadings
enumerated in sections C, K, and L of Annex II shall be
deleted and the rate of duty provided in such section
inserted in lieu thereof.
(7) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Australia under USAFTA that are classifiable in the
provisions modified by Annex I of Publication 3898 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in section A of
Annex II of Publication 3898, the rate of duty in the
HTS set forth in the Rates of Duty 1-Special subcolumn
for each of the HTS subheadings enumerated in section A
of Annex II shall be deleted and the rate of duty
provided in such section inserted in lieu thereof.
(8) In order to modify the rules of origin under the
USAFTA to reflect the modifications to the HTS being
made to conform it to the Convention and to make
certain conforming changes, general note 28 to the HTS
is further modified as provided in Annex III to
Publication 3898.
(9) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Morocco under USMFTA that are classifiable in the
provisions modified by Annex I of Publication 3898 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in section E of
Annex II of Publication 3898, the rate of duty in the
HTS set forth in the Rates of Duty 1-Special subcolumn
for each of the HTS subheadings enumerated in section E
of Annex II shall be deleted and the rate of duty
provided in such section inserted in lieu thereof.
(10) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
under general note 29 to the HTS that are classifiable
in the provisions modified by Annex I of Publication
3898 and entered, or withdrawn from warehouse for
consumption, on or after each of the dates specified in
section G of Annex II of Publication 3898, the rate of
duty in the HTS set forth
[[Page 458]]
in the Rates of Duty 1-Special subcolumn for each of
the HTS subheadings enumerated in section G of Annex II
shall be deleted and the rate of duty provided in such
section inserted in lieu thereof.
(11) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Bahrain under USBFTA that are classifiable in the
provisions modified by Annex I of Publication 3898 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in section B of
Annex II of Publication 3898, the rate of duty in the
HTS set forth in the Rates of Duty 1-Special subcolumn
for each of the HTS subheadings enumerated in section B
of Annex II shall be deleted and the rate of duty
provided in such section inserted in lieu thereof.
(12) 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.
(13)(a) The modifications and technical rectifications
to the HTS set forth in Annexes I and III to
Publication 3898 shall be effective with respect to
goods entered, or withdrawn from warehouse for
consumption, on or after the later of (i) February 1,
2007, or (ii) the thirtieth day after the date of
publication of this proclamation in the Federal
Register.
(b) The modifications to the HTS set forth in Annex II
to Publication 3898 shall be effective with respect to
goods entered, or withdrawn from warehouse for
consumption, on or after the respective dates specified
in each section of such Annex for the goods described
therein.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-ninth day of December, in the year of our Lord
two thousand six, and of the Independence of the United
States of America the two hundred and thirty-first.
(Presidential Sig.)
[FR Doc. 07-00004
Filed 1-3-07; 11:03 am]
Billing code 3195-01-P