ExecutiveOrdersEO
Proc 8323ProclamationG.W. Bush · R Quiet signal

Proclamation 8323

To Provide for Duty-free Treatment Under the Earned Import Allowance Program, And for Other Purposes

This proclamation modifies U.S. tariff schedules under multiple trade programs: it certifies the start of a duty-free apparel program under CAFTA-DR, expands AGOA benefits to Mauritius, suspends Bolivia's trade preferences under ATPA/ATPDEA effective December 15, 2008, updates NAFTA rules of origin with Canada, and makes technical corrections to tariff classifications for triphenyl phosphine and information technology products.

Federal Register Open PDF 73 FR 72677

Impact dates

  1. Annex A HTS modifications effective for articles entered

  2. Annex B NAFTA rules of origin effective upon USTR Federal Register notice of Canadian completion

  3. Bolivia ATPA/ATPDEA suspension effective

  4. AGOA tariff treatment modifications and Mauritius inclusion effective

Key directives

  • Modify HTS per Annex A for CAFTA-DR duty-free apparel treatment
  • Delete HTS subheadings 9819.15.10 through 9819.15.42 effective October 31, 2008
  • Include Mauritius as lesser developed AGOA beneficiary effective October 31, 2008
  • Suspend Bolivia's ATPA/ATPDEA designation effective December 15, 2008
  • Modify NAFTA rules of origin per Annex B
  • Modify HTS for triphenyl phosphine and IT products per Annex C
  • USTR to notify Congress of proclamation and certification

Who is ordered

Timeline

Immediate

  • Certification that CAFTA-DR earned import allowance program sections have taken effect
  • Notification to Congress by USTR

Near term (90d)

  • AGOA modifications for Mauritius and tariff treatment effective October 31, 2008 (already past)
  • Bolivia ATPA/ATPDEA suspension effective December 15, 2008 (within 20 days of signing)

Long term

  • CAFTA-DR earned import allowance program in effect for 10-year period from certification date
  • NAFTA rules of origin modifications pending Canadian domestic procedures completion

Risks & tensions

  • Bolivia suspension may strain bilateral relations
  • Annex A/B/C effective dates depend on unpublished annex contents—text references dates 'set forth' but not specified in body
  • NAFTA origin changes require reciprocal Canadian action, creating coordination risk
Proclamation 8323: To Provide for Duty-free Treatment Under the Earned Import Allowance Program, And for Other Purposes · Executive Orders