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For
Immediate Release
Office of the Press Secretary
October 31, 2002 |
Andean
Trade Promotion and Drug Eradication Act
By the President of the United States of America
A Proclamation
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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).
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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.
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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.
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Section 3103(a)(2)
of the ATPDEA amended section 204(b) of the ATPA to provide
that eligible tuna products of a desig-nated 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.
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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.
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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).
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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.
GEORGE
W. BUSH
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