To Implement the United States-Morocco Free Trade Agreement

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Part V

The President

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Proclamation 7971--To Implement the United States-Morocco Free Trade
Agreement

Executive Order 13393--Adjustments of Certain Rates of Pay

Executive Order 13394--Providing an Order of Succession Within the
Department of Defense

Memorandum of December 22, 2005--Order of Succession of Officers to Act
as Secretary of Defense

Memorandum of December 22, 2005--Provision of Aviation Insurance
Coverage for Commercial Air Carrier Service in Domestic and
International Operations

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Title 3--
The President

Proclamation 7971 of December 22, 2005

To Implement the United States-Morocco Free Trade
Agreement

By the President of the United States of America

A Proclamation

1. On June 15, 2004, the United States entered into the
United States-Morocco Free Trade Agreement (USMFTA).
The USMFTA was approved by the Congress in section
101(a) of the United States-Morocco Free Trade
Agreement Implementation Act (the ``USMFTA Act'')
(Public Law 108-302, 118 Stat. 1103) (19 U.S.C. 3805
note).

2. Section 105(a) of the USMFTA Act authorizes the
President to establish or designate within the
Department of Commerce an office that shall be
responsible for providing administrative assistance to
panels established under Chapter 20 of the USMFTA.

3. Section 201 of the USMFTA Act authorizes the
President to proclaim such modifications or
continuation of any duty, such continuation of duty-
free or excise treatment, or such additional duties as
the President determines to be necessary or appropriate
to carry out or apply Articles 2.3, 2.5, 2.6, 4.1,
4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 4.3.15, and
the schedule of reductions with respect to Morocco set
forth in Annex IV of the USMFTA.

4. Consistent with section 201(a)(2) of the USMFTA Act,
Morocco is to be removed from the enumeration of
designated beneficiary developing countries eligible
for the benefits of the Generalized System of
Preferences (GSP). Further, consistent with section 604
of the Trade Act of 1974 (the ``1974 Act'') (19 U.S.C.
2483), as amended, I have determined that other
technical and conforming changes to the Harmonized
Tariff Schedule of the United States (HTS) are
necessary to reflect that Morocco is no longer eligible
to receive benefits of the GSP.

5. Section 203 of the USMFTA Act provides certain rules
for determining whether a good is an originating good
for the purposes of implementing preferential tariff
treatment under the USMFTA. I have decided that it is
necessary to include these rules of origin, together
with particular rules applicable to certain other
goods, in the HTS.

6. Section 204 of the USMFTA Act authorizes the
President to take certain enforcement actions relating
to trade with Morocco in textile and apparel goods.

7. Subtitle B of title III of the USMFTA Act authorizes
the President to take certain actions in response to a
request by an interested party for relief from serious
damage or actual threat thereof to a domestic industry
producing certain textile or apparel articles.

8. Executive Order 11651, as amended, establishes the
Committee for the Implementation of Textile Agreements
(CITA) to supervise the implementation of textile trade
agreements.

9. Section 604 of the 1974 Act, as amended, 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.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the
United States of America, acting under authority vested
in me by the Constitution and the laws of the United
States of America, including but not limited to
sections 201, 203, 204, and 321-328 of the USMFTA Act,
section 301 of title 3, United States Code, and section
604 of the 1974 Act, do proclaim that:

(1) In order to provide generally for the preferential tariff treatment
being accorded under the USMFTA, to set forth rules for determining whether
goods imported into the customs territory of the United States are eligible
for preferential tariff treatment under the USMFTA, to provide certain
other treatment to originating goods for the purposes of the USMFTA, to
provide tariff-rate quotas with respect to certain originating goods, to
reflect Morocco's removal from the enumeration of designated beneficiary
developing countries for purposes of the GSP, and to make technical and
conforming changes in the general notes to the HTS, the HTS is modified as
set forth in Annex I of Publication No. 3721 of the United States
International Trade Commission, entitled ``Modifications to the Harmonized
Tariff Schedule of the United States Implementing the United States-Morocco
Free Trade Agreement'' (Publication 3721), which is incorporated by
reference into this proclamation.

(2) In order to implement the initial stage of duty elimination provided
for in the USMFTA, and to provide for future staged reductions in duties
for products of Morocco for purposes of the USMFTA, the HTS is modified as
provided in Annex II of Publication 3721, effective on the dates specified
in the relevant sections of such publication and on any subsequent dates
set forth for such duty reductions in that publication.

(3) The Secretary of Commerce is authorized to exercise my authority
under section 105(a) of the USMFTA Act to establish or designate an office
within the Department of Commerce to carry out the functions set forth in
that section.

(4) (a) The amendments to the HTS made by paragraphs (1) and (2) of this
proclamation shall be effective with respect to goods entered, or withdrawn
from warehouse for consumption, on or after the relevant dates indicated in
Annex II to Publication 3721.

(b) Except as provided in paragraph 4(a) of this proclamation, this
proclamation shall be effective with respect to goods entered, or withdrawn
from warehouse for consumption, on or after January 1, 2006.

(5) The CITA is authorized to exercise my authority
under section 204 of the USMFTA Act to exclude textile
and apparel goods from the customs territory of the
United States; to determine whether an enterprise's
production of, and capability to produce, goods are
consistent with statements by the enterprise; to find
that an enterprise has knowingly or willfully engaged
in circumvention; and to deny preferential tariff
treatment to textile and apparel goods.

(6) The CITA is authorized to exercise my authority
under subtitle B of title III of the USMFTA Act to
review requests, and to determine whether to commence
consideration of such requests; to cause to be
published in the Federal Register a notice of
commencement of consideration of a request and notice
seeking public comment; to determine whether imports of
a Moroccan textile or apparel article are causing
serious damage, or actual threat thereof, to a domestic
industry producing an article that is like, or directly
competitive with, the imported article; and to provide
relief from imports of an article that is the subject
of such a determination.

(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
twenty-second day of December, in the year of our Lord
two thousand five, and of the Independence of the
United States of America the two hundred and thirtieth.

(Presidential Sig.)B