Proclamation 6544—To Modify Duty-Free Treatment Under the Andean Trade Preference Act, To Modify the Generalized System of Preferences, and for Other Purposes

1. Sections 202 and 204 of the Andean Trade Preference Act ("ATPA") (19 U.S.C. 3201 and 3203) confer authority upon the President to proclaim duty-free treatment for all eligible articles, and duty reductions for certain other articles, that are the product of any country designated as a "beneficiary country" in accordance with the provisions of section 203 of the ATPA (19 U.S.C. 3202). Pursuant to section 203(b)(2) of the ATPA (19 U.S.C. 3202(b)(2)), I have notified the House of Representatives and the Senate of my intention to designate Ecuador as a beneficiary country for purposes of the ATPA, together with the considerations entering into such decision. I hereby designate Ecuador as a beneficiary country under the ATPA, and in order to effect this designation in the Harmonized Tariff Schedule of the United States ("HTS"), I have decided that it is necessary to modify general note 3(c)(ix) to the HTS.

2. Section 204(b) of the ATPA (19 U.S.C. 3203(b)) provides that the President may not designate certain enumerated product categories as articles eligible for duty-free treatment under the ATPA, including "textile and apparel articles which are subject to textile agreements." In Proclamation 6455 of July 2, 1992, certain HTS provisions encompassing textile and apparel articles which are subject to textile agreements were inadvertently designated as covering goods eligible for duty-free treatment under the ATPA. Therefore, in accordance with section 204(b) of the ATPA, I have decided that it is necessary and appropriate to delete the ATPA designation for these provisions.

3. Section 204(c) of the ATPA (19 U.S.C. 3203(c)) authorizes the President to proclaim reductions in the rates of duty on certain articles that are the product of any beneficiary country and that were not designated on August 5, 1983, as eligible articles for purposes of the Generalized System of Preferences ("GSP") under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) (the "Trade Act"). In accordance with section 204(c) of the ATPA, I have decided that it is necessary and appropriate to provide for duty reductions under the ATPA for the goods of a certain subheading.

4. Section 502 of the Trade Act, as amended (19 U.S.C. 2462), authorizes the President to designate the countries that will be beneficiary developing countries for purposes of the GSP. Such countries are entitled to duty-free entry of eligible articles imported directly therefrom into the customs territory of the United States (19 U.S.C. 2461). Among the countries previously designated as a GSP beneficiary is Czechoslovakia, which was included in the enumeration in HTS general note 3(c)(ii)(A) of independent countries eligible for benefits of the GSP. Czechoslovakia, as of January 1, 1993, has separated into two independent republics, the Czech Republic and Slovakia. In light of the separation of Czechoslovakia into two countries, and having due regard for the eligibility criteria set forth in section 502 of the Trade Act, I hereby designate each of the Czech Republic and Slovakia as beneficiary developing countries for purposes of the GSP.

5. Proclamation 6517 of December 23, 1992, withdrew the duty-free treatment accorded under the GSP to imports of sulfanilic acid, provided for in HTS subheading 2921.42.24. Through typographical and clerical error, the HTS subheadings created in the annex to Proclamation 6517 to effect the aforementioned withdrawal were not properly structured and numbered. Therefore, I have decided that it is necessary and appropriate to modify the HTS to correct these errors.

6. Proclamation 6179 of September 13, 1990, modified the HTS to provide for modification of tariffs and quotas on certain sugars, syrups, and molasses. Through an error, conforming changes to additional U.S. note 2 to chapter 17 of the HTS were omitted. Therefore, I have decided that it is necessary and appropriate to modify the HTS to provide for such conforming changes.

7. Proclamation 6515 of December 16, 1992, among other actions, modified the HTS to conform with amendments made to the International Convention on the Harmonized Commodity Description and Coding System. A conforming change to the HTS was omitted. Therefore, I have decided that it is necessary and appropriate to modify the HTS to provide for such a conforming change.

8. The President, acting through duly empowered representatives, entered into negotiations with representatives of the Governments of certain republics of the former Union of Soviet Socialist Republics ("USSR") to conclude agreements on trade relations, including nondiscriminatory treatment, between the United States and the individual republics. Such agreements, conducted in accordance with the requirements of section 405(b) of the Trade Act (19 U.S.C. 2435(b)), were signed by representatives of the United States and of certain republics and have taken effect upon dates previously announced by the United States Trade Representative ("USTR"). Other republics of the former USSR have not yet concluded such trade agreements with the United States. General note 3(b) to the HTS, setting forth an enumeration of those countries whose products are subject to the rates of duty set forth in column 2 of the HTS, includes in this enumeration "Union of Soviet Socialist Republics", causing confusion in the trading community and complicating the administration of the HTS. Accordingly, I have decided that it is appropriate to delete the name "Union of Soviet Socialist Republics" from the enumeration in HTS general note 3(b) and to insert in lieu thereof the names of the republics whose products have not yet been accorded nondiscriminatory treatment.

9. Section 604 of the Trade Act, as amended (19 U.S.C. 2483), 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, William J. Clinton, 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 but not limited to the ATPA, and sections 405(b), 502, and 604 of the Trade Act, do proclaim that:

(1) General note 3(c)(ix)(A) to the HTS is modified by inserting in alphabetical sequence "Ecuador", which is hereby designated as a beneficiary country under the ATPA.

(2) In order to remove eligibility under the ATPA for certain textile and apparel provisions and to provide duty reductions for a certain subheading, the HTS is modified as provided for in Annex I.

(3) General note 3(c)(ii)(A) to the HTS, enumerating those countries and areas eligible for benefits of the GSP, is amended by deleting "Czechoslovakia" from the list of independent countries and inserting in lieu thereof, in alphabetical sequence, "Czech Republic" and "Slovakia".

(4) In order to correct certain technical errors, the HTS is modified as provided for in Annex II.

(5) Additional U.S. note 2 to chapter 17 is modified by deleting "1701.91.20," and inserting "1701.91.21, 1701.91.22," in lieu thereof and by deleting "1702.90.30, 1806.10.40 and 2106.90.10," and inserting "1702.90.31, 1702.90.32, 1806.10.41, 1806.10.42, 2106.90.11 and 2106.90.12," in lieu thereof.

(6) The article description for HTS subheading 9905.39.10 is modified by deleting "3926.90.90" and inserting "3926.90.95" in lieu thereof.

(7) General note 3(b) to the HTS is modified by deleting "Union of Soviet Socialist Republics" and by inserting in alphabetical sequence in lieu thereof "Azerbaijan", "Georgia", "Tajikistan", "Turkmenistan", and "Uzbekistan".

(8) Upon notice by the USTR in the Federal Register that a trade agreement has been concluded between the United States and a republic listed in paragraph (7) of this proclamation and general note 3(b) to the HTS, such republic shall be deleted from general note 3(b) as of the date announced by the USTR as the effective date of such trade agreement.

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

(10)(a) The modifications made by paragraph (1) of this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after 15 days after the date of publication of this proclamation in the Federal Register.

(b) The modifications made by paragraph (2) of this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the dates set forth in Annex I to this proclamation.

(c) The modifications made by paragraph (3) of 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 January 1, 1993.

(d) The modifications made by paragraph (4) of 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 January 12, 1993.

(e) The modifications made by paragraph (5) of this proclamation shall be effective October 1, 1990.

(f) The modifications made by paragraph (6) of this proclamation shall be effective with respect to goods originating in the territory of Canada which are entered, or withdrawn from warehouse for consumption, on or after January 1, 1993.

(g) The modifications made by paragraph (7) of this proclamation shall be effective on the date of signature of this proclamation.

(h) The modifications made by paragraph (8) of this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date announced by the USTR as the effective date.

In Witness Whereof, I have hereunto set my hand this thirteenth day of April, in the year of our Lord nineteen hundred and ninety-three, and of the Independence of the United States of America the two hundred and seventeenth.

WILLIAM J. CLINTON