To Take Certain Actions Under the African Growth and Opportunity Act and the Generalized System of Preferences

Proclamation 8330 of December 19, 2008

To Take Certain Actions Under the African Growth
and Opportunity Act and the Generalized System of
Preferences

By the President of the United States of America

A Proclamation

1. Section 506A(a)(1) of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2466a(a)(1)), as
added by section 111(a) of the African Growth and
Opportunity Act (title I of Public Law 106-200) (AGOA),
authorizes the President to designate a country listed
in section 107 of the AGOA (19 U.S.C. 3706) as a
beneficiary sub-Saharan African country if the
President determines that the country meets the
eligibility requirements set forth in section 104 of
the AGOA (19 U.S.C. 3703) and the eligibility criteria
set forth in section 502 of the 1974 Act (19 U.S.C.
2462).

2. Section 104 of the AGOA authorizes the President to
designate a country listed in section 107 of the AGOA
as an eligible sub-Saharan African country if the
President determines that the country meets certain
eligibility requirements.

3. Section 112(c) of the AGOA (19 U.S.C. 3721(c)), as
added by section 6002(a) of the Africa Investment
Incentive Act of 2006 (division D, title VI of Public
Law 109-432), provides special rules for certain
apparel articles imported from lesser developed
beneficiary sub-Saharan African countries.

4. In Proclamation 8157 of June 28, 2007, I designated
the Islamic Republic of Mauritania (Mauritania) as an
eligible sub-Saharan African country and a beneficiary
sub-Saharan African country pursuant to section 104 of
the AGOA and section 506A(a)(1) of the 1974 Act and
provided that it would be considered a lesser developed
beneficiary sub-Saharan African country for purposes of
section 112(c) of the AGOA.

5. Section 506A(a)(3) of the 1974 Act (19 U.S.C.
2466a(a)(3)) authorizes the President to terminate the
designation of a country as a beneficiary sub-Saharan
African country for purposes of section 506A if he
determines that the country is not making continual
progress in meeting the requirements described in
section 506A(a)(1) of the 1974 Act.

6. Pursuant to section 506A(a)(3) of the 1974 Act, I
have determined that Mauritania is not making continual
progress in meeting the requirements described in
section 506A(a)(1) of the 1974 Act. Accordingly, I have
decided to terminate the designation of Mauritania as a
beneficiary sub-Saharan African country for purposes of
section 506A of the 1974 Act, effective on January 1,
2009.

7. Pursuant to sections 501 and 502(a) of the 1974 Act
(19 U.S.C. 2461, 2462(a)), the President is authorized
to designate countries as beneficiary developing
countries for purposes of the Generalized System of
Preferences (GSP) program.

8. Pursuant to section 502(a)(1) of the 1974 Act, and
having considered the factors set forth in sections 501
and 502(c) (19 U.S.C. 2462(c)), I have determined that
the Republic of Kosovo (Kosovo) should be designated as
a beneficiary developing country for purposes of the
GSP program.

9. Pursuant to section 502 of the 1974 Act, and having
considered the factors set forth in sections 501 and
502(c), I have determined that the

Republic of Azerbaijan (Azerbaijan) should be
designated as a beneficiary developing country for
purposes of the GSP program.

10. Section 604 of the 1974 Act (19 U.S.C. 2483), as
amended, authorizes the President to embody in the
Harmonized Tariff Schedule of the United States (HTS)
the substance of relevant provisions of that Act, or
other acts affecting import treatment, and of actions
taken thereunder.

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, including but not limited to section 104
of the AGOA (19 U.S.C. 3703), and title V and section
604 of the 1974 Act (19 U.S.C. 2461-67, 2483), do
proclaim that:

(1) The designation of Mauritania as a beneficiary sub-
Saharan African country for purposes of section 506A of
the 1974 Act is terminated, effective on January 1,
2009.

(2) In order to reflect in the HTS that beginning on
January 1, 2009, Mauritania shall no longer be
designated as a beneficiary sub-Saharan African
country, general note 16(a) to the HTS is modified by
deleting ``Islamic Republic of Mauritania'' from the
list of beneficiary sub-Saharan African countries.

(3) Kosovo is designated as a beneficiary developing
country for purposes of the GSP program.

(4) In order to reflect this designation in the HTS,
general note 4(a) to the HTS is modified by adding in
alphabetical order ``Kosovo,'' effective with respect
to articles entered, or withdrawn from warehouse for
consumption, on or after February 1, 2009.

(5) Azerbaijan is designated as a beneficiary
developing country for purposes of the GSP program.

(6) In order to reflect this designation in the HTS,
general note 4(a) to the HTS is modified by adding in
alphabetical order ``Azerbaijan,'' effective with
respect to articles entered, or withdrawn from
warehouse for consumption, on or after February 1,
2009.

(7) 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 December, in the year of our Lord two
thousand eight, and of the Independence of the United
States of America the two hundred and thirty-third.