Proclamation 6152—To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes

1. Pursuant to Title V of the Trade Act of 1974, as amended (the 1974 Act) et seq.), the President may designate specified articles provided for in the Harmonized Tariff Schedule of the United States (HTS) as eligible for preferential tariff treatment under the Generalized System of Preferences (GSP) when imported from designated beneficiary developing countries.

2. Pursuant to section 504(c) of the 1974 Act (c)), beneficiary developing countries, except those designated as least-developed beneficiary developing countries pursuant to section 504(c)(6) of the 1974 Act, are subject to limitations on the preferential treatment afforded under the GSP. Pursuant to section 504(c)(5) of the 1974 Act, a country that is no longer treated as a beneficiary developing country with respect to an eligible article may be redesignated as a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the limitations in section 504(c)(1) (after application of paragraph (c)(2)) during the preceding calendar year.

3. Pursuant to section 504(c)(5) of the 1974 Act, I have determined that Brazil should be redesignated as a beneficiary developing country with respect to specified previously designated eligible articles. Brazil has been previously excluded from benefits of the GSP with respect to such eligible articles pursuant to section 504(c)(1) of the 1974 Act.

4. Section 503(c)(1) of the 1974 Act (c)(1)) provides that the President may not designate certain specified categories of import-sensitive articles as eligible articles under the GSP. Section 503(c)(1)(A) of the 1974 Act provides that textile and apparel articles that are subject to textile agreements are import-sensitive. Pursuant to sections 504(a) and 604 of the 1974 Act (a) and 2483), I am acting to modify the HTS to remove from eligibility under the GSP those articles that have become subject to textile agreements and to make certain conforming changes in the HTS.

5. Pursuant to section 504(f) of the 1974 Act (f)), in Proclamation No. 5805 of April 29, 1988 the President terminated the preferential tariff treatment under the GSP for articles eligible for such treatment that are imported from Bahrain. In light of revised statistics provided by the World Bank on the per capita gross national product of Bahrain for calendar year 1985, I have determined that the previous determination in Proclamation No. 5805 that the per capita gross national product of Bahrain for calendar year 1985 exceeded the applicable limit under section 504(f) of the 1974 Act was erroneous, and the restrictions of section 504(f)(1) of the 1974 Act are therefore inapplicable to Bahrain. I have further determined, pursuant to sections 502(a) and (c) of the 1974 Act (a) and (c)), and having due regard for the eligibility criteria set forth therein, that it is appropriate to designate Bahrain as a beneficiary developing country for purposes of the GSP. Pursuant to section 502(a)(1) of the 1974 Act (a)(1)), I have notified the House of Representatives and the Senate of this designation.

6. Pursuant to section 201(b) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (the Implementation Act) (Public Law 100-449, 102 Stat. 1851, 1855), the President in Proclamation No. 6142 of May 25, 1990 implemented an accelerated schedule of duty elimination under the United States-Canada Free-Trade Agreement. I have determined that it is necessary to modify the HTS to correct a typographical error in Proclamation No. 6142.

7. Section 1204(b)(1)(C) of the Omnibus Trade and Competitiveness Act of 1988 (the 1988 Act) (b)(1)(C)) authorizes the President to proclaim such modifications to the HTS as are necessary or appropriate to implement such technical rectifications to the HTS as the President considers necessary. Pursuant to section 1204(b)(1)(C) of the 1988 Act, I have determined that certain technical rectifications to the HTS are necessary.

8. Section 604 of the 1974 Act 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.

Now, Therefore, I, George 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, including but not limited to Title V and section 604 of the 1974 Act, section 201(b) of the Implementation Act, and section 1204(b)(1)(C) of the 1988 Act, do proclaim that:

(1) In order to remove from eligibility under the GSP an article that has become subject to textile agreements, and to make certain conforming changes in the HTS, the HTS is modified as provided in Annex I to this proclamation.

(2)(a) In order to terminate preferential tariff treatment under the GSP for an article imported from all designated beneficiary developing countries that has become subject to textile agreements, the Rates of Duty 1-Special subcolumn for the HTS subheading enumerated in Annex II(a) is modified by deleting the symbol "A," in the parentheses.

(b) In order to provide preferential tariff treatment under the GSP to Brazil, which has been excluded from the benefits of the GSP for certain eligible articles imported from Brazil, and following my determination that a country not previously receiving such benefits should again be treated as a beneficiary developing country with respect to such articles, the Rates of Duty 1-Special subcolumn for each of the HTS provisions enumerated in Annex II(b) to this proclamation is modified: (i) by deleting from such subcolumn for such HTS provisions the symbol "A*" in parentheses, and (ii) by inserting in such subcolumn the symbol "A" in lieu thereof.

(3) In order to provide that Bahrain is treated as a designated beneficiary developing country and to provide that Brazil, which has not been treated as a beneficiary developing country with respect to specified eligible articles, should be redesignated as a beneficiary developing country with respect to such articles for purposes of the GSP, general note 3(c)(ii) to the HTS is modified as provided in Annex III to this proclamation.

(4) Effective with respect to goods originating in the territory of Canada which are entered, or withdrawn from warehouse for consumption, on or after May 1, 1990, for HTS subheading 1102.90.60, in the Rates of Duty 1-Special subcolumn, strike the symbol "(CA)" and the duty rate preceding it, and in lieu thereof insert in the parentheses following the "Free" rate of duty the symbol "CA," in alphabetical order.

(5) In order to provide for the continuation of previously proclaimed staged reductions on Canadian goods in the HTS provisions modified in Annex I to this proclamation, effective with respect to goods originating in the territory of Canada which are entered, or withdrawn from warehouse for consumption, on or after the dates specified in Annex IV to this proclamation, the rate of duty in the HTS that is followed by the symbol "CA" in parentheses set forth in the Rates of Duty 1-Special subcolumn for each of the HTS subheadings enumerated in such Annex shall be deleted and the rate of duty provided in such Annex inserted in lieu thereof.

(6) In order to make technical rectifications in particular provisions, the HTS is modified as set forth in Annex V to this proclamation.

(7) Any provisions of previous proclamations and Executive orders inconsistent with the provisions of this proclamation are hereby superseded to the extent of such inconsistency.

(8) Except as provided for in paragraphs (4), (5), and (6) of this proclamation, the amendments made by this proclamation, shall be effective with respect to articles both: (i) imported on or after January 1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on or after July 1, 1990.

In Witness Whereof, I have hereunto set my hand this twenty-ninth day of June, in the year of our Lord nineteen hundred and ninety, and of the Independence of the United States of America the two hundred and fourteenth.

GEORGE BUSH