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Proc 8341ProclamationG.W. Bush · R Quiet signal

Proclamation 8341

To Implement The United States-Peru Trade Promotion Agreement And for Other Purposes

This proclamation implements the United States-Peru Trade Promotion Agreement by modifying the Harmonized Tariff Schedule to establish preferential tariff treatment, rules of origin, and tariff-rate quotas for Peruvian goods. It also delegates authority to the Secretary of Commerce, USTR, and CITA for various implementation functions, and makes technical corrections to prior trade agreements with Morocco, Bahrain, and CAFTA-DR countries.

Federal Register Open PDF 74 FR 4105

Impact dates

  1. CITA must eliminate quantity restriction on fabric/yarn/fiber added to Annex 3-B in restricted quantity

  2. HTS modifications effective for goods entered or withdrawn from warehouse for consumption

Key directives

  • Modify HTS per Annex I and II of USITC Publication 4058 for Peru TPA implementation
  • Secretary of Commerce to establish/designate office for panel administrative assistance under section 105(a)
  • USTR to implement tariff-rate quotas for agricultural goods under section 201(d)
  • CITA to exercise authority over fabric/yarn/fiber commercial availability determinations under section 203(o)
  • CITA to exercise enforcement authority over textile/apparel goods under section 208
  • CITA to review requests for textile/apparel safeguard relief under subtitle B of title III
  • CITA and Commissioner of Customs to consult with Peru on handloomed/folklore goods classification
  • USTR to fulfill advisory/consultation obligations under section 104
  • USTR to modify HTS notes via Federal Register notice to reflect CITA Annex 3-B changes
  • Technical corrections to HTS for USMFTA, USBFTA, and CAFTA-DR per Annex III of Publication 4058
  • Supersede inconsistent prior proclamations and Executive Orders

Who is ordered

Timeline

Immediate

  • HTS modifications take effect for goods entered/withdrawn on or after relevant dates in Annex II of Publication 4058
  • Peru removed from GSP beneficiary developing countries upon Agreement entry into force
  • Delegation of authority to Secretary of Commerce, USTR, and CITA

Near term (90d)

  • CITA may begin establishing procedures for fabric/yarn/fiber commercial availability determinations
  • USTR may begin consultation process with congressional committees on implementation

Long term

  • Staged duty reductions for originating Peruvian goods as scheduled in Publication 4058
  • Potential textile/apparel safeguard actions if serious damage to domestic industry determined
  • Ongoing CITA administration of Annex 3-B list modifications with 6-month restriction elimination timeline

Risks & tensions

  • Potential disruption to domestic agricultural markets from Peruvian imports under tariff-rate quotas
  • Textile/apparel industry safeguard mechanism could trigger trade friction with Peru
  • Technical corrections to three prior trade agreements suggest earlier implementation errors
  • Delegation-heavy structure concentrates implementation power in CITA and USTR with limited presidential oversight
  • Overlap between GSP removal and preferential tariff treatment timing may create brief eligibility gaps
Proclamation 8341: To Implement The United States-Peru Trade Promotion Agreement And for Other Purposes · Executive Orders