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To Implement Modifications to the
A Proclamation by the President of the
1. Section 5002 of the Haitian Hemispheric
Opportunity through Partnership Encouragement Act of 2006 (Division D, Title V
of Public Law 109 432)(the "HOPE Act"), which amends the Caribbean
Basin Economic Recovery Act (Title II of the Trade and Development Act of 2000,
Public Law 106 200)(CBERA), provides that preferential tariff treatment may be
provided to certain articles that are imported directly from Haiti into the
customs territory of the United States, provided the President determines that
Haiti meets the eligibility requirements of section 213A(d) of CBERA, as
amended (19 U.S.C. 2703a(d)), and Haiti is meeting the conditions regarding
enforcement of circumvention set forth in section 213A(e) of CBERA, as amended
(19 U.S.C. 2703a(e)(1)).
2. Section 6002 of the Africa Investment Incentive Act of 2006 (Division D,
Title VI of Public Law 109 432) amends section 112 of the African Growth and
Opportunity Act (Title I of the Trade and Development Act of 2000, Public Law
106 200)(AGOA) to modify the preferential tariff
treatment accorded to designated lesser developed beneficiary sub-Saharan
African countries.
3. Pursuant to section 213A(d) of CBERA, as
amended (19 U.S.C. 2703a(d)), I have determined that
4. Pursuant to section 213A(e) of CBERA, as
amended (19 U.S.C. 2703a(e)), I have determined that
5. In order to implement the tariff treatment provided under section 213A
of CBERA, as amended (19 U.S.C. 2703a), and section 112(b)(8)
and 112(c) of AGOA, as amended (19 U.S.C. 3721(b)(8) and (c)), it is necessary
to modify the Harmonized Tariff Schedule of the United States (HTS).
6. Title I, subtitles A and B of the Tax Relief and Health Care Act of 2006
(Public Law 109 432)(the "Tax Relief Act") suspended or reduced
duties on certain articles that were identified under provisions of the HTS in
effect on December 20, 2006. Presidential Proclamation 8097 of December 27,
2006, modified the HTS to conform it to the International Convention
on the Harmonized Commodity Description
and Coding System. Modifications to the HTS are necessary to reflect accurately
the suspension or reduction of duties that were enacted in the Tax Relief Act.
7. Section 604 of the Trade Act of 1974, as amended (the "1974
Act") (19 U.S.C. 2483), 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, including
the removal, modification, continuance, or imposition of any rate of duty or
other import restriction.
8. I have determined that it is appropriate to authorize the Secretary of
the Treasury to perform the functions specified in section 213A(f)
of CBERA, as amended (19 U.S.C. 2703a(f)).
NOW, THEREFORE, I, GEORGE W. BUSH, President of the
(1) In order to provide the tariff treatment provided for in section 213A
of CBERA, as amended (19 U.S.C. 2703a), the HTS is
modified as provided in Annex I to this proclamation.
(2) In order to implement the tariff treatment provided for in section
112(b)(8) and section 112(c) of AGOA, as amended (19
U.S.C. 3721(b)(8) and (c)), the HTS is modified as provided in Annex II to this
proclamation.
(3) In order to provide the tariff treatment provided for in Title I,
subtitles A and B of the Tax Relief Act, and to make technical corrections to
previously proclaimed provisions, the HTS is modified as provided in Annex III
to this proclamation.
(4) The modifications to the HTS set forth in the annexes 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 the
respective annex.
(5) The Secretary of the Treasury is hereby authorized to perform the
functions assigned to the President in section 213A(f)
of CBERA, as amended (19 U.S.C. 2703a(f)).
(6) 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
March, in the year of our Lord two thousand seven, and of the
GEORGE W. BUSH