19 U.S.C. § 3203
is not less than 35 percent of the appraised value of such article at the time it is entered.
For purposes of determining the percentage referred to in subparagraph (B), the term "beneficiary country" includes the Commonwealth of Puerto Rico and the United States Virgin Islands. If the cost or value of materials produced in the customs territory of the United States (other than the Commonwealth of Puerto Rico) is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (B).
Such phrase does not include costs which are not directly attributable to the merchandise concerned or are not costs of manufacturing the product, such as (i) profit, and (ii) general expense of doing business which are either not allocable to the specific merchandise or are not related to the growth, production, manufacture, or assembly of the merchandise, such as administrative salaries, casualty and liability insurance, advertising, interest, and salesmen's salaries, commissions or expenses.
The President may proclaim duty-free treatment under this chapter for any article described in subparagraph (A), (B), (C), or (D) 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 this section, if the President determines that such article is not import-sensitive in the context of imports from ATPDEA beneficiary countries:
Subject to paragraph (3), duty-free treatment under this chapter may not be extended to-
Apparel articles that are imported directly into the customs territory of the United States from an ATPDEA beneficiary country shall enter the United States free of duty and free of any quantitative restrictions, limitations, or consultation levels, but only if such articles are described in subparagraph (B).
The apparel articles referred to in subparagraph (A) are the following:
Apparel articles sewn or otherwise assembled in 1 or more ATPDEA beneficiary countries, or the United States, or both, exclusively from any one or any combination of the following:
At the request of any interested party, the President is authorized to proclaim additional fabrics and yarns as eligible for preferential treatment under clause (i)(III) if-
A handloomed, handmade, or folklore article of an ATPDEA beneficiary country identified under subparagraph (C) that is certified as such by the competent authority of such beneficiary country.
Any apparel article classifiable under subheading 6212.10 of the HTS, except for articles entered under clause (i), (ii), (iii), or (iv), if the article is both cut and sewn or otherwise assembled in the United States, or one or more ATPDEA beneficiary countries, or both.
During the 1-year period beginning on October 1, 2003, and during each of the 9 succeeding 1-year periods, apparel articles described in subclause (I) of a producer or an entity controlling production shall be eligible for preferential treatment under this paragraph only if the aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the production of all such articles of that producer or entity that are entered and eligible under this clause during the preceding 1-year period is at least 75 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under this clause during the preceding 1-year period.
The United States Customs Service shall develop and implement methods and procedures to ensure ongoing compliance with the requirement set forth in subclause (II). If the Customs Service finds that a producer or an entity controlling production has not satisfied such requirement in a 1-year period, then apparel articles described in subclause (I) of that producer or entity shall be ineligible for preferential treatment under this paragraph during any succeeding 1-year period until the aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the production of such articles of that producer or entity entered during the preceding 1-year period is at least 85 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under this clause during the preceding 1-year period.
An article otherwise eligible for preferential treatment under this paragraph shall not be ineligible for such treatment because the article contains findings or trimmings of foreign origin, if such findings and trimmings do not exceed 25 percent of the cost of the components of the assembled product. Examples of findings and trimmings are sewing thread, hooks and eyes, snaps, buttons, "bow buds", decorative lace, trim, elastic strips, zippers, including zipper tapes and labels, and other similar products.
An article that would otherwise be ineligible for preferential treatment under this subparagraph because the article contains yarns not wholly formed in the United States or in one or more ATPDEA beneficiary countries shall not be ineligible for such treatment if the total weight of all such yarns is not more than 7 percent of the total weight of the good.
An article otherwise eligible for preferential treatment under clause (i) or (iii) shall not be ineligible for such treatment because the article contains nylon filament yarn (other than elastomeric yarn) that is classifiable under subheading 5402.10.30, 5402.10.60, 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.41.10, 5402.41.90, 5402.51.00, or 5402.61.00 of the HTS from a country that is a party to an agreement with the United States establishing a free trade area, which entered into force before January 1, 1995.
Textile luggage-
If the President determines that any fabric or yarn was determined to be eligible for preferential treatment under clause (i)(III) or (ii) on the basis of fraud, the President is authorized to remove that designation from that fabric or yarn with respect to articles entered after such removal.
For purposes of subparagraph (B)(iv), the President shall consult with representatives of the ATPDEA beneficiary countries concerned for the purpose of identifying particular textile and apparel goods that are mutually agreed upon as being handloomed, handmade, or folklore goods of a kind described in section 2.3(a), (b), or (c) of the Annex or Appendix 3.1.B.11 of the Annex.
If the President determines, based on sufficient evidence, that an exporter has engaged in transshipment with respect to apparel articles from an ATPDEA beneficiary country, then the President shall deny all benefits under this chapter to such exporter, and any successor of such exporter, for a period of 2 years.
Whenever the President finds, based on sufficient evidence, that transshipment has occurred, the President shall request that the ATPDEA beneficiary country or countries through whose territory the transshipment has occurred take all necessary and appropriate actions to prevent such transshipment. If the President determines that a country is not taking such actions, the President shall reduce the quantities of apparel articles that may be imported into the United States from such country by the quantity of the transshipped articles multiplied by 3, to the extent consistent with the obligations of the United States under the WTO.
Transshipment within the meaning of this subparagraph has occurred when preferential treatment under subparagraph (A) has been claimed for an apparel article on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of this clause, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under subparagraph (A).
The President may take bilateral emergency tariff actions of a kind described in section 4 of the Annex with respect to any apparel article imported from an ATPDEA beneficiary country if the application of tariff treatment under subparagraph (A) to such article results in conditions that would be cause for the taking of such actions under such section 4 with respect to a like article described in the same 8-digit subheading of the HTS that is imported from Mexico.
For purposes of applying bilateral emergency action under this subparagraph-
Tuna that is harvested by United States vessels or ATPDEA beneficiary country vessels, that is prepared or preserved in any manner, in an ATPDEA beneficiary country, in foil or other flexible airtight containers weighing with their contents not more than 6.8 kilograms each, and that is imported directly into the customs territory of the United States from an ATPDEA beneficiary country, shall enter the United States free of duty and free of any quantitative restrictions.
In this paragraph-
A "United States vessel" is-
An "ATPDEA vessel" is a vessel-
Any importer that claims preferential treatment under paragraph (1), (3), or (4) shall comply with customs procedures similar in all material respects to the requirements of Article 502(1) of the NAFTA as implemented pursuant to United States law, in accordance with regulations promulgated by the Secretary of the Treasury.
In order to qualify for the preferential treatment under paragraph (1), (3), or (4) and for a Certificate of Origin to be valid with respect to any article for which such treatment is claimed, there shall be in effect a determination by the President that each country described in subclause (II)-
procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the NAFTA.
A country is described in this subclause if it is an ATPDEA beneficiary country-
The Certificate of Origin that otherwise would be required pursuant to the provisions of subparagraph (A) shall not be required in the case of an article imported under paragraph (1), (3), or (4) if such Certificate of Origin would not be required under Article 503 of the NAFTA (as implemented pursuant to United States law), if the article were imported from Mexico.
The United States Commissioner of Customs shall conduct a study analyzing the extent to which each ATPDEA beneficiary country-
The Commissioner of Customs shall submit to the Congress, not later than October 1, 2003, a report on the study conducted under this subparagraph.
In this subsection-
The term "the Annex" means Annex 300-B of the NAFTA.
The term "ATPDEA beneficiary country" means any "beneficiary country", as defined in section 3202(a)(1) of this title, which the President designates as an ATPDEA beneficiary country, taking into account the criteria contained in subsections (c) and (d) of section 3202 of this title and other appropriate criteria, including the following:
The term "NAFTA" means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992.
The term "WTO" has the meaning given that term in section 3501 of this title.
The term "ATPDEA" means the Andean Trade Promotion and Drug Eradication Act.
The term "FTAA" means the Free Trade Area for the Americas.
No proclamation issued pursuant to this chapter shall affect fees imposed pursuant to section 624 of title 7.
No quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota quantity shall be eligible for duty-free treatment under this chapter.
19 U.S.C. § 3203
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(1)(B) and (f), was in the original "this Act" and was translated as reading "this title", meaning title II of Pub. L. 102-182 which enacted this chapter, to reflect the probable intent of Congress.The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(1)(B), (4), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.Section 223 of the Caribbean Basin Economic Recovery Expansion Act of 1990, referred to in subsec. (a)(4), is section 223, Aug. 20, 1990 of Pub. L. 101-382, 104 Stat. 659, which is not classified to the Code.The effective date of this chapter, referred to in subsec. (b)(1)(A), means the date of enactment of Pub. L. 102-182 which was approved Dec. 4, 1991.The Trade Act of 1974, referred to in subsecs. (b)(1)(A), (D), and (c)(1), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title II of the Act is classified generally to part 1 (§2251 et seq.) of subchapter II of chapter 12 of this title. Title V of the Act is classified generally to subchapter V (§2461 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.The Andean Trade Promotion and Drug Eradication Act, referred to in subsec. (b)(6)(E), is title XXXI of Pub. L. 107-210, 116 Stat. 1023. For complete classification of this Act to the Code, see Short Title of 2002 Amendment note set out under section 3201 of this title and Tables.
AMENDMENTS2011-Subsec. (b)(3)(B)(iii)(II). Pub. L. 112-42, §501(b)(1)(A)(i), substituted "10 succeeding 1-year periods" for "8 succeeding 1-year periods".Subsec. (b)(3)(B)(iii)(III)(bb). Pub. L. 112-42, §501(b)(1)(A)(ii), substituted "and for the succeeding 5-year period" for "and for the succeeding 3-year period".Subsec. (b)(3)(B)(v)(II). Pub. L. 112-42, §501(b)(1)(B), substituted "9 succeeding 1-year periods" for "7 succeeding 1-year periods".Subsec. (b)(3)(E)(ii)(II). Pub. L. 112-42, §501(b)(2), substituted "July 31, 2013" for "February 12, 2011".2010-Subsec. (b)(3)(E)(ii)(II). Pub. L. 111-344 substituted "February 12, 2011" for "December 31, 2010".2009-Subsec. (b)(3)(B)(iii)(II). Pub. L. 111-124, §2(b)(1)(A)(i), substituted "8 succeeding 1-year periods" for "7 succeeding 1-year periods".Subsec. (b)(3)(B)(iii)(III)(bb). Pub. L. 111-124, §2(b)(1)(A)(ii), substituted "and for the succeeding 3-year period" for "and for the succeeding 2-year period".Subsec. (b)(3)(B)(v)(II). Pub. L. 111-124, §2(b)(1)(B), substituted "7 succeeding 1-year periods" for "6 succeeding 1-year periods".Subsec. (b)(3)(E)(ii)(II). Pub. L. 111-124, §2(b)(2), substituted "December 31, 2010" for "December 31, 2009".2008-Subsec. (b)(3)(B)(iii)(II). Pub. L. 110-436, §1(b)(1)(A)(i), substituted "7 succeeding 1-year periods" for "6 succeeding 1-year periods". Pub. L. 110-191, §2(b)(1)(A)(i), substituted "6 succeeding 1-year periods" for "5 succeeding 1-year periods".Subsec. (b)(3)(B)(iii)(III)(bb). Pub. L. 110-436, §1(b)(1)(A)(ii), substituted "and for the succeeding 2-year period" for "and for the succeeding 1-year period". Pub. L. 110-191, §2(b)(1)(A)(ii), inserted "and for the succeeding 1-year period," after "for the 1-year period beginning October 1, 2007,".Subsec. (b)(3)(B)(v)(II). Pub. L. 110-436, §1(b)(1)(B), substituted "6 succeeding 1-year periods" for "5 succeeding 1-year periods". Pub. L. 110-191, §2(b)(1)(B), substituted "5 succeeding 1-year periods" for "4 succeeding 1-year periods".Subsec. (b)(3)(E)(ii)(II). Pub. L. 110-436, §1(b)(2), substituted "December 31, 2009" for "December 31, 2008". Pub. L. 110-191, §2(b)(2), substituted "December 31, 2008" for "December 31, 2006".2007-Subsec. (b)(3)(B)(iii)(II). Pub. L. 110-42, §2(1)(A), substituted "The" for "Subject to section 3206 of this title, the" and "5 succeeding 1-year periods" for "4 succeeding 1-year periods".Subsec. (b)(3)(B)(iii)(III). Pub. L. 110-42, §2(1)(B), substituted "means-" for "means" and "; and" for period, inserted item (aa) designation, and added item (bb).Subsec. (b)(3)(B)(v)(II). Pub. L. 110-42, §2(2), substituted "During" for "Subject to section 3206 of this title, during" and "4 succeeding 1-year periods" for "3 succeeding 1-year periods".2006-Subsec. (b)(3)(B)(iii)(II). Pub. L. 109-432, §7003(1), substituted "Subject to section 3206 of this title, the preferential" for "The preferential".Subsec. (b)(3)(B)(v)(II). Pub. L. 109-432, §7003(2), substituted "Subject to section 3206 of this title, during" for "During".Subsec. (b)(3)(B)(viii). Pub. L. 109-432, §5005(b), added cl. (viii).2004-Subsec. (b)(4)(B)(i). Pub. L. 108-429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "A 'United States vessel' is a vessel having a certificate of documentation with a fishery endorsement under chapter 121 of title 46."2002-Subsec. (a)(1). Pub. L. 107-210, §3103(c)(2)(A), in introductory provisions, inserted "(or otherwise provided for)" after "eligibility" and "(or preferential treatment)" after "duty-free treatment".Subsec. (a)(2). Pub. L. 107-210, §3103(c)(2)(B), substituted "paragraph (1)" for "subsection (a) of this section" in introductory provisions.Subsec. (b). Pub. L. 107-210, §3103(a)(2), substituted "Exceptions and special rules" for "Exceptions to duty-free treatment" in heading and amended text generally. Prior to amendment, text read as follows: "The duty-free treatment provided under this chapter shall not apply to-"(1) textile and apparel articles which are subject to textile agreements;"(2) footwear not designated at the time of the effective date of this chapter as eligible for the purpose of the generalized system of preferences under title V of the Trade Act of 1974;"(3) tuna, prepared or preserved in any manner, in airtight containers;"(4) petroleum, or any product derived from petroleum, provided for in headings 2709 and 2710 of the HTS;"(5) watches and watch parts (including cases, bracelets and straps), of whatever type including, but not limited to, mechanical, quartz digital or quartz analog, if such watches or watch parts contain any material which is the product of any country with respect to which HTS column 2 rates of duty apply;"(6) articles to which reduced rates of duty apply under subsection (c) of this section;"(7) sugars, syrups, and molasses classified in subheadings 1701.11.03, 1701.12.02, 1701.99.02, 1702.90.32, 1806.10.42, and 2106.90.12 of the HTS; or"(8) rum and tafia classified in subheading 2208.40.00 of the HTS."Subsecs. (c) to (g). Pub. L. 107-210, §3103(a)(1), redesignated subsecs. (d) to (g) as (c) to (f), respectively, and struck out former subsec. (c) which related to duty reductions for certain handbags, luggage, flat goods, work gloves, and leather wearing apparel of beneficiary countries.1994-Subsec. (g). Pub. L. 103-465 added subsec. (g).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENTAmendment by Pub. L. 112-42 applicable to articles entered on or after the 15th day after Oct. 21, 2011, with retroactive application for certain liquidations and reliquidations, see section 501(c) of Pub. L. 112-42 set out in a note under section 3805 of this title.
EFFECTIVE DATE OF 2006 AMENDMENTAmendment by section 5005(b) of Pub. L. 109-432 applicable to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after Dec. 20, 2006, see section 5006 of Pub. L. 109-432 set out as a note under section 2703 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTAmendment by Pub. L. 103-465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103-465 set out as an Effective Date note under section 3601 of this title.
TRANSFER OF FUNCTIONSFor transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d),and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107-296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114-125 and section 802(b) of Pub. L. 114-125 set out as a note under section 211 of Title 6.
ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT UNDER THE ANDEAN TRADE PREFERENCE ACT Pub. L. 108-429, title II, §20032003,, 118 Stat. 2589, provided that:"(a) IN GENERAL.-Notwithstanding section 514 of the Tariff Act of 1930 [19 U.S.C. 1514] or any other provision of law, and subject to subsection (c)-"(1) with respect to any article described in section 204(b)(1)(D) of the Andean Trade Preference Act [19 U.S.C. 3203(b)(1)(D)] (as amended by section 3103(a)(2) of the Trade Act of 2002 [Pub. L. 107-210]) for which the President proclaims duty free treatment pursuant to section 204(b)(1) of the Andean Trade Preference Act, the entry of any such article on or after August 6, 2002, and before the date on which the President so proclaims duty free treatment for such article shall be subject to the rate of duty applicable on August 5, 2002; and"(2) such entries shall be liquidated or reliquidated as if the reduced duty preferential treatment applied, and the Secretary of the Treasury shall refund any excess duties paid with respect to such entry."(b) ENTRY.-As used in this subsection, the term 'entry' includes a withdrawal from warehouse for consumption."(c) REQUESTS.-Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service [Bureau of Customs and Border Protection], within 180 days after the date of the enactment of this Act [Dec. 3, 2004], and such request contains sufficient information to enable the Customs Service-"(1) to locate the entry; or"(2) to reconstruct the entry if it cannot be located."
DUTY FREE OR PREFERENTIAL TREATMENT OF CERTAIN APPAREL ARTICLES Pub. L. 107-206, title III, §3001(b), Aug. 2, 2002, 116 Stat. 910, provided that: "Any duty free or other preferential treatment provided under the Andean Trade Preference Act [19 U.S.C. 3201 et seq.] to apparel articles assembled from fabric formed in the United States shall apply to such articles only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled if the fabrics are knit fabrics, is carried out in the United States. Any duty-free or other preferential treatment provided under the Andean Trade Preference Act to apparel articles assembled from fabric formed in the United States shall apply to such articles only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled if the fabrics are woven fabrics, is carried out in the United States."[ Section 3001(b) of Pub. L. 107-206 set out above, effective Sept. 1, 2002, see section 3001(c) of Pub. L. 107-206 set out as an Effective Date of 2002 Amendments note under section 2703 of this title.]
EXECUTIVE DOCUMENTS
DELEGATION OF AUTHORITYFor delegation of functions of President under div. C of Pub. L. 107-210 amending this section, see section 2 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
PROC. NO. 7616. TO IMPLEMENT THE ANDEAN TRADE PROMOTION AND DRUG ERADICATION ACTProc. No. 7616, Oct. 31, 2002, 67 F.R. 67283, as amended by Proc. No. 7748, Dec. 30, 2003, 69 F.R. 227, provided:1. Section 3103 of the Andean Trade Promotion and Drug Eradication Act (title XXXI of the Trade Act of 2002, Public Law 107-210) [see Tables for classification] (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:BoliviaColombiaEcuadorPeru.(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 an action he proposes to take. [sic] 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.George W. Bush.
PRESIDENTIAL SUSPENSION OF DESIGNATION OF BENEFICIARY COUNTRIESProc. No. 8323, Nov. 25, 2008, 73 F.R. 72679, provided in par. (4) that the designation of Bolivia as a beneficiary country for purposes of the Andean Trade Promotion and Drug Eradication Act, title XXXI of div. C of Pub. L. 107-210 (see Tables for classification), was suspended effective Dec. 15, 2008.