To Implement the Andean Trade Promotion and Drug

___________________________________________________________________

Title 3--
The President

Proclamation 7616 of October 31, 2002

To Implement the Andean Trade Promotion and Drug

Eradication Act

By the President of the United States of America

A Proclamation

1. Section 3103 of the Andean Trade Promotion and Drug
Eradication Act (title XXXI of the Trade Act of 2002,
Public Law 107-210) (ATPDEA) amended section 204(b) of
the Andean Trade Preference Act (19 U.S.C. 3203(b))
(ATPA) to provide that certain preferential tariff
treatment may be provided to eligible articles that are
the product of any country that the President
designates as an ``ATPDEA beneficiary country''
pursuant to section 204(b)(6)(B) of the ATPA, as
amended, provided that the President determines that
the country has satisfied the requirements of section
204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating
to the implementation of procedures and requirements
similar to those in chapter 5 of the North American
Free Trade Agreement (NAFTA).

2. Section 3103(a)(2) of the ATPDEA amended section
204(b) of the ATPA to authorize the President to
proclaim duty-free treatment for any article described
in section 204(b)(1)(A) through (D) of the ATPA, as
amended, that is the growth, product, or manufacture of
an ATPDEA beneficiary country, that is imported
directly into the customs territory of the United
States from an ATPDEA beneficiary country, and that
meets the requirements of section 204 of the ATPA, as
amended, if the President determines that such article
is not import-sensitive in the context of imports from
ATPDEA beneficiary countries, provided that the
President determines that the country has satisfied the
requirements of section 204(b)(5)(A)(ii)(I) of the
ATPA, as amended, relating to the implementation of
procedures and requirements similar to those in chapter
5 of the NAFTA.

3. Section 3103(a)(2) of the ATPDEA amended section
204(b) of the ATPA to provide that eligible textile and
apparel articles of a designated ATPDEA beneficiary
country shall enter the United States free of duty and
free of quantitative limitations, provided that the
President determines that the country has satisfied the
requirements of section 204(b)(5)(A)(ii)(I) of the
ATPA, as amended, relating to the implementation of
procedures and requirements similar to those in chapter
5 of the NAFTA.

4. Section 3103(a)(2) of the ATPDEA amended section
204(b) of the ATPA to provide that eligible tuna
products of a designated ATPDEA beneficiary country
shall enter the United States free of duty and free of
quantitative limitations, provided that the President
determines that the country has satisfied the
requirements of section 204(b)(5)(A)(ii)(I) of the
ATPA, as amended, relating to the implementation of
procedures and requirements similar to those in chapter
5 of the NAFTA.

5. Section 203(e)(2)(A) of the ATPA (19 U.S.C.
3202(e)(2)(A)) requires the President to publish in the
Federal Register notice of proposed action under
section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) at
least 30 days prior to taking such action. Section
212(e)(2)(A) of the Caribbean Basin Economic Recovery
Act (CBERA) (19 U.S.C. 2702(e)(2)(A)) requires the
President to publish in the Federal Register notice of
proposed action under section 212(e)(1) of the CBERA
(19 U.S.C. 2702(e)(1)) at least 30 days prior to taking
such action.

6. In order to implement the tariff treatment provided
under the ATPDEA, it is necessary to modify the
Harmonized Tariff Schedule of the United States (HTS).

7. Section 604 of the Trade Act of 1974 (19 U.S.C.
2483) (1974 Trade Act) authorizes the President to
embody in the 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.

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 section 604 of the
1974 Trade Act, do proclaim as follows:

(1) I have designated the following countries as
ATPDEA beneficiary countries pursuant to section
204(b)(6)(B) of the ATPA, as amended, and have
determined that these countries have satisfied the
requirements of section 204(b)(5)(A)(ii)(I) of the
ATPA, as amended, relating to the implementation of
procedures and requirements similar to those in chapter
5 of the NAFTA:

Bolivia

Colombia

Ecuador

Peru.

(2) In order to provide for the preferential
treatment provided for in section 204(b) of the ATPA,
as amended, the HTS is modified as provided in the
annex to this proclamation.
(3) The functions of the President under section
203(e)(2)(A) of the ATPA and section 212(e)(2)(A) of
the CBERA with respect to publishing notice of this
proclamation are delegated to the United States Trade
Representative.
(4) Any provisions of previous proclamations and
Executive Orders that are inconsistent with this
proclamation are superseded to the extent of such
inconsistency.
(5) This proclamation is effective on the date of
signature.

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

(Presidential Sig.)B

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