Page:Title 3 CFR 2005 Compilation.djvu/81

 Proc. 7912 Title 3--The President Proclamation 7912 of }une 29, 2005 To Modify Duty-Free Treatment Under the Generalized System of Preferences and Certain Rules of Ori\365in Under the North American Free Trade A\365reement, and for Other Purposes By the President of the United States o/America A Proclamation 1. Pursuant to section 502(a)(1) of the Trade Act of 1974, as amended (the "1974 Act") (19 U.S.C. 2462(a)(1)), the President is authorized to designate countries as beneficiary developing countries for purposes of the General- ized System of Preferences (GSP). 2. In Proclamation 6425 of April 29, 1992, the President suspended duty- free treatment for certain eligible articles imported from India after consid- ering the factors set forth in sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2461, 2462(c)), in particular section 502(c)(5) of the 1974 Act (19 U.S.C. 2462(c)(5)) on the extent to which India provides adequate and ef- fective protection of intellectual property rights. 3. In Proclamation 6942 of October 17, 1996, the President suspended duty- free treatment for certain eligible articles imported from Pakistan because of insufficient progress on affording workers in that country internationally recognized worker rights. 4. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act (19 U.S.C. 2463(a)(1)(A)), the President may designate articles as eligible for pref- erential tariff treatment under the GSP. 5. Pursuant to section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)), beneficiary developing countries, except those designated as least-developed beneficiary developing countries or beneficiary sub-Saha- ran African countries as provided in section 503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are subiect to competitive need limitations on the preferential treatment afforded under the GSP to eligible articles. 6. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C)) provides that a country that is no longer treated as a beneficiary developing country with respect to an eligible article may be redesignated as a beneficiary de- veloping country with respect to such article if imports of such article from such country did not exceed the competitive need limitations in section 503(c)(2)(A) of the 1974 Act during the preceding calendar year. 7. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(i)) pro- vides that the President may disregard the competitive need limitation pro- vided in section 503(c)(2)(A)(i)(II) (19 U.S.C. 2463(c)(2)(A)(i)(II)) with re- spect to any eligible article from any beneficiary developing country if the aggregate appraised value of the imports of such article into the United States during the preceding calendar year does not exceed an amount set forth in section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)). 8. Pursuant to section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)) and after giving great weight to the considerations in section 503(d)(2) of the 68

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