ExecutiveOrdersEO
Proc 8157ProclamationG.W. Bush · R Quiet signal

Proclamation 8157

To Modify Duty-Free Treatment Under the Generalized System of Preferences, Take Certain Actions Under the African Growth and Opportunity Act, and for Other Purposes

This proclamation modifies U.S. tariff preferences under the Generalized System of Preferences (GSP) by terminating and redesignating beneficiary developing countries for specific articles, granting and revoking competitive need limitation waivers, and redesignating Mauritania as a beneficiary sub-Saharan African country under AGOA. It also makes technical corrections to the Harmonized Tariff Schedule to implement trade agreements and statutory amendments.

Federal Register Open PDF 72 FR 35895

Impact dates

  1. Annex I, IV, and V HTS modifications effective per dates set forth in respective annexes

  2. HTS modification for Mauritania designation effective for articles entered or withdrawn from warehouse

Key directives

  • Terminate duty-free GSP treatment for certain articles from countries exceeding competitive need limitations
  • Redesignate certain countries as GSP beneficiary developing countries for specific articles
  • Disregard competitive need limitations for eligible articles in Annex II
  • Grant waivers of competitive need limitations for eligible articles in Annex III
  • Revoke previously granted waivers for articles in Annex IV
  • Designate Mauritania as eligible sub-Saharan African country and beneficiary sub-Saharan African country
  • Designate Mauritania as lesser developed beneficiary sub-Saharan African country under AGOA section 112(c)
  • Modify HTS general note 16(a) to include Mauritania effective July 1, 2007
  • Modify HTS to implement AGOA section 112 as amended
  • Make technical corrections to HTS for Convention conformity
  • Implement 2004 U.S.-Israel agricultural trade agreement tariff treatment
  • Implement Caribbean Basin Economic Recovery Act amendment

Timeline

Immediate

  • Proclamation signed June 28, 2007
  • Mauritania redesignation as beneficiary sub-Saharan African country

Near term (90d)

  • HTS modifications for Mauritania effective July 1, 2007 (3 days after signing)
  • Other annex effective dates as specified in respective annexes

Long term

  • Trade preference changes affect ongoing commercial relationships
  • Waiver determinations remain until changed circumstances warrant revocation

Risks & tensions

  • Competitive need limitation changes may create winners and losers among developing country exporters
  • Mauritania's prior termination and redesignation suggests political conditionality in AGOA eligibility
  • Waiver revocation due to 'changed circumstances' (section 503(d)(5)) creates uncertainty for traders
  • Technical HTS corrections dispersed across multiple annexes create implementation complexity
  • Supersession clause (paragraph 15) sweeps broadly but lacks specificity about which prior actions are affected
Proclamation 8157: To Modify Duty-Free Treatment Under the Generalized System of Preferences, Take Certain Actions Under the African Growth and Opportunity Act, and for Other Purposes · Executive Orders