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Proclamation

To Adjust the Rules of Origin Under the United States-Chile Free Trade Agreement and the United States-Singapore Free Trade Agreement

Document ID doc_3ecbfd3c2c636d58 • By George W. Bush • Issued December 27, 2007 • Published January 8, 2008

doc_3ecbfd3c2c636d58 Aug-39 73 FR 1439

Summary

Proclamation: To Adjust the Rules of Origin Under the United States-Chile Free Trade Agreement and the United States-Singapore Free Trade Agreement

Document Text

Proclamation 8214 of December 27, 2007

To Adjust the Rules of Origin Under the United
States-Chile Free Trade Agreement and the United
States-Singapore Free Trade Agreement

By the President of the United States of America

A Proclamation

1. Section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (19
U.S.C. 3006(a)) authorizes the President to proclaim
modifications to the Harmonized Tariff Schedule of the
United States (HTS) based on the recommendations of the
U.S. International Trade Commission (the
``Commission'') under section 1205 of the 1988 Act (19
U.S.C. 3005), if he determines that the modifications
are in conformity with United States obligations under
the International Convention on the Harmonized
Commodity Description and Coding System (the
``Convention'') and do not run counter to the national
economic interest of the United States. In 2006, the
Commission recommended modifications to the HTS
pursuant to section 1205 of the 1988 Act to conform the
HTS to amendments made to the Convention. In
Presidential Proclamation 8097 of December 29, 2006, I
modified the HTS pursuant to section 1206 of the 1988
Act to conform the HTS to the amendments to the
Convention.

2. 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 ``USCFTA
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.

3. In order to ensure the continuation of the staged
reductions in rates of duty for originating goods from
Chile in categories that were modified to conform to
the Convention, I proclaimed in Presidential
Proclamation 8097 modifications to the HTS that I
determined were necessary or appropriate to carry out
the duty reductions proclaimed in Proclamation 7746.

4. Chile is a party to the Convention. Because the
substance of changes to the Convention are reflected in
slightly differing form in the national tariff
schedules of the parties to the USCFTA, the rules of
origin set out in Annex 4.1 of that Agreement must be
changed to ensure that the tariff and certain other
treatment accorded under the USCFTA to originating
goods will continue to be provided under the tariff
categories that were modified in Proclamation 8097. The
USCFTA parties have agreed to make these changes.

5. Section 202 of the USCFTA provides certain rules for
determining whether a good is an originating good for
the purposes of implementing tariff treatment under the
USCFTA. Section 202(o) of the USCFTA Act authorizes the
President to proclaim the rules of origin set out in
the USCFTA and any subordinate tariff categories
necessary to carry out the USCFTA, subject to the
exceptions stated in section 202(o)(2)(A).

6. I have determined that the modifications to the HTS
proclaimed pursuant to section 202 of the USCFTA Act
and section 1206(a) of the 1988 Act are necessary or
appropriate to ensure the continuation of tariff and
certain other treatment accorded originating goods
under tariff categories modified in Proclamation 8097
and to carry out the duty reductions proclaimed in
Proclamation 7746.

7. 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 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 United States set forth
in Annex 2B of the USSFTA.

8. In order to ensure the continuation of the staged
reductions in rates of duty for originating goods from
Singapore in categories that were modified to conform
to the Convention, in Presidential Proclamation 8097, I
proclaimed modifications to the HTS that I determined
were necessary or appropriate to carry out the duty
reductions proclaimed in Proclamation 7747.

9. Singapore is a party to the Convention. Because the
substance of the changes to the Convention are
reflected in slightly differing form in the national
tariff schedules of the parties to the USSFTA, the
provisions set out in Annexes 3A and 3B of that
Agreement must be changed to ensure that the tariff and
certain other treatment accorded under the USSFTA to
originating goods will continue to be provided under
the tariff categories that were modified in
Presidential Proclamation 8097. The USSFTA parties have
agreed to make these changes.

10. Section 202 of the USSFTA Act provides certain
rules for determining whether a good is an originating
good for the purposes of implementing tariff treatment
under the USSFTA. Section 202(o) of the USSFTA Act
authorizes the President to proclaim the rules of
origin set out in the USSFTA and any subordinate tariff
categories necessary to carry out the USSFTA, subject
to certain exceptions set out in section 202(o)(2)(A).

11. I have determined that the modifications to the HTS
proclaimed pursuant to section 202 of the USSFTA Act
are necessary or appropriate to ensure that the tariff
and certain other treatment accorded originating goods
under tariff categories modified in Proclamation 8097
and to carry out the duty reductions proclaimed in
Proclamation 7747.

12. 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
section 1206(a) of the 1988 Act, section 202 of the
USSFTA Act, section 202 of the USCFTA Act, and section
604 of the Trade Act, do proclaim that:

(1) In order to reflect in the HTS the modifications to
the rules of origin under the USCFTA, general note 26
to the HTS is modified as provided in Annex I to this
proclamation.

(2) In order to reflect in the HTS the modifications to
the rules of origin under the USSFTA, general note 25
to the HTS is modified as provided in Annex II to this
proclamation.

(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.

(4) The modifications and technical rectifications to
the HTS set forth in Annexes I and II to this
proclamation shall be effective with respect to goods
entered, or withdrawn from warehouse for consumption,
on or after the later of (i) February 1, 2008, or (ii)
the thirtieth day after the date of publication of this
proclamation in the Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-seventh day of December, in the year of our Lord
two thousand seven, and of the Independence of the
United States of America the two hundred and thirty-
second.

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