To Eliminate Tariffs on Certain Pharmaceuticals and Chemical Intermediates

Proclamation 8095 of December 29, 2006

To Eliminate Tariffs on Certain Pharmaceuticals
and Chemical Intermediates

By the President of the United States of America

A Proclamation

1. During the Uruguay Round of Multilateral Trade
Negotiations (the ``Uruguay Round''), a group of major
trading countries agreed to reciprocal elimination of
tariffs on certain pharmaceuticals and chemical
intermediates, and that participants in this agreement
would revise periodically the list of products subject
to duty-free treatment. On December 13, 1996, at the
Ministerial Conference of the World Trade Organization
(WTO), the United States and 16 other major trading
countries agreed to eliminate tariffs on additional
pharmaceuticals and chemical intermediates. On April 1,
1997, the United States implemented this agreement in
Proclamation 6982. The second revision to the list of
products was negotiated under the auspices of the WTO
in 1998. The United States implemented this revision on
July 1, 1999, in Proclamation 7207. In 2006, the United
States and 30 other WTO members concluded negotiations,
under the auspices of the WTO, on a further revision to
the list of pharmaceuticals and chemical intermediates
to receive duty-free treatment.

2. Section 111(b) of the Uruguay Round Agreements Act
(URAA)(19 U.S.C. 3521(b)) authorizes the President
under specified circumstances to proclaim the
modification of any duty or staged rate reduction of
any duty set forth in Schedule XX-United States of
America, annexed to the Marrakesh Protocol to the GATT
1994 (Schedule XX) for products that were the subject
of reciprocal duty elimination negotiations during the
Uruguay Round, if the United States agrees to such
action in a multilateral negotiation under the auspices
of the WTO. Section 111(b) also authorizes the
President to proclaim such modifications as are
necessary to correct technical errors in, or make other
rectifications to, Schedule XX.

3. On October 3, 2006, consistent with section 115 of
the URAA, the United States Trade Representative (USTR)
submitted a report to the Committee on Ways and Means
of the House of Representatives and the Committee on
Finance of the Senate (the ``Committees'') that set
forth the proposed further revision to the list of
products subject to tariff eliminations.

4. Section 604 of the Trade Act, as amended (19 U.S.C.
2483), authorizes the President to embody in the
Harmonized Tariff Schedule of the United States (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.

5. Pursuant to section 111(b) of the URAA, I have
determined that Schedule XX should be modified to
reflect the implementation by the United States of the
multilateral agreement on certain pharmaceuticals and
chemical intermediates negotiated under the auspices of
the WTO. In addition, I have determined that the
pharmaceuticals appendix to the HTS should be modified
to reflect the duty eliminations provided for in that
agreement and to make certain technical corrections in
the manner in which Schedule XX identifies

particular products in order to ensure that they are
accorded the intended duty treatment.

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
section 111(b) of the URAA and section 604 of the 1974
Act, do proclaim that:

(1) In order to implement the multilateral agreement
negotiated under the auspices of the WTO to eliminate
tariffs on certain pharmaceutical products and chemical
intermediates, and to make technical corrections in the
tariff treatment accorded to such products, the HTS is
modified as set forth in the Annex to this
proclamation.

(2) Such modifications to the HTS shall be effective
with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date set
forth in the Annex for the respective actions taken.

(3) 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
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.

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