ExecutiveOrdersEO
Proc 8682ProclamationObama · D Quiet signal

Proclamation 8682

To Modify the Rules of Origin for the United States-Singapore Free Trade Agreement, and for Other Purposes

This proclamation modifies rules of origin in the Harmonized Tariff Schedule for three trade agreements: adding new rules for the U.S.-Singapore Free Trade Agreement, implementing duty provisions for the U.S.-Peru Trade Promotion Agreement, and making technical corrections to NAFTA rules of origin. The changes have varying effective dates for goods entered or withdrawn from warehouse for consumption.

Federal Register Open PDF 76 FR 30499

Impact dates

  1. USPTPA modifications effective for originating Peruvian goods entered or withdrawn

  2. NAFTA technical corrections effective for articles entered or withdrawn

  3. USSFTA technical correction (Section B of Annex I) effective for Singapore goods entered or withdrawn

Key directives

  • Modify general note 25 to HTS for USSFTA rules of origin (Annex I, Section A)
  • Make technical correction to general note 25 for USSFTA (Annex I, Section B)
  • Modify HTS to implement U.S. General Note 5 to Annex 2.3 of USPTPA (Annex II)
  • Make technical corrections to general note 12 for NAFTA rules of origin (Annex III)
  • Supersede inconsistent provisions of previous proclamations and Executive Orders

Timeline

Immediate

  • Proclamation signed May 23, 2011
  • Singapore USSFTA modifications (Section A of Annex I) effective May 24, 2011 for goods entered or withdrawn from warehouse

Near term (90d)

—

Long term

  • Peru USPTPA modifications effective January 1, 2011 (retroactive)
  • Singapore technical correction (Section B of Annex I) effective February 7, 2008 (retroactive)
  • NAFTA technical corrections effective October 2, 2009 (retroactive)

Risks & tensions

  • Retroactive effective dates (2008, 2009, 2011) create administrative complexity for customs refunds or adjustments
  • Technical corrections suggest prior implementation errors that may have disrupted intended trade treatment
  • Supersession clause in paragraph (8) may create legal uncertainty about which prior provisions remain valid
Proclamation 8682: To Modify the Rules of Origin for the United States-Singapore Free Trade Agreement, and for Other Purposes · Executive Orders