Text 3848, 369 rader
Skriven 2006-12-29 23:31:02 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (0612298) for Fri, 2006 Dec 29
====================================================

===========================================================================
Proclamation 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
===========================================================================

For Immediate Release
Office of the Press Secretary
December 29, 2006

Proclamation 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
A Proclamation by the President of the United States of America



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 negotia-tions, 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)).

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
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 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 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 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.

GEORGE W. BUSH

# # #
===========================================================================
Return to this article at:
http://www.whitehouse.gov/news/releases/2006/12/20061229-8.html

 * Origin: (1:3634/12)