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 12 2 STA T .5360PROCL A M AT I O N8 2 9 6 — S E PT. 30 , 2008 Proclam a ti o n8296 o fSep tem b er 30, 2008 ToM o difyDut y - f re e Tre a t m e n t U nder T h e C ari b bean B a s in Ec onomic R eco v ery A ct and for O ther P ur p oses BythePr e sid e n t of the U nited S t a tes of Am eri c a A Proc l amation 1.Section2 1 3A(b) o f t h e Car ibbean B a s in E cono m ic R eco v er y Act (1 9U .S.C. 2 70 3a(b)) (the ‘ ‘CBERA ’ ’) , as amen d ed by section 1 54 02(a)(2) of the H aitian Hemis p heric O pport u nity throu g h P artnership Encourage - ment Act of 200 8 (part 1 of subtit l e D of title XV of Public L a w 110 – 24 6, 122 Stat. 2289) (the ‘‘HOPE I I Act’’), provides that preferential tar- iff treatment may be provided for certain apparel and other articles originating in Haiti that are imported directly from Haiti or the Domin- ican Republic into the customs territory of the United States. 2. Pursuant to section 213A(f)(3) of CBERA (19 U.S.C. 2703a(f)(3)), as redesignated by section 15403(2) of the HOPE II Act (122 Stat. 2302), apparel and other articles described in section 213A(b) of CBERA that are shipped from the Dominican Republic to the United States directly or through the territory of an intermediate country shall not q ualify for the preferential tariff treatment provided for under section 213A(b) until the President certifies to the Congress that Haiti and the Domini- can Republic have developed procedures to prevent unlawful trans- shipment of the articles and the use of counterfeit documents related to the importation of the articles into the United States. 3. I have determined, and hereby certify, that Haiti and the Dominican Republic have developed the procedures described in section 213A(f)(3) of CBERA. 4. Section 15406 of the HOPE II Act (122 Stat. 2308) authori z es the President to e x ercise the authority provided under section 604 of the T rade Act of 1974, as amended (19 U.S.C. 2483) (the ‘‘1974 Act’’), to proclaim such modifications to the Harmonized Tariff Schedule of the United States (HTS) as may be necessary to carry out the HOPE II Act. 5. I have determined that it is appropriate to authorize the United States Trade Representative (USTR) to perform the following functions

the functions set forth in section 213A(d)(4) of CBERA, as amended (122 Stat. 2307 19 U.S.C. 2703a(d)(4)); the reporting function set forth in section 213A(e)(1)(B)(ii) of CBERA, as amended (122 Stat. 2302; 19 U.S.C. 2703a(e)(1)(B)(ii)); the consultation function set forth in section 213A(e)(1)(C)(i) of CBERA, as amended (122 Stat. 2302–3; 19 U.S.C. 2703a(e)(1)(C)(i)); and the functions set forth in section 213A(e)(5) of CBERA, as amended (122 Stat. 2307; 19 U.S.C. 2703a(e)(5)). 6. I have determined that it is appropriate to authorize the Secretary of Labor, in consultation with the USTR, to perform the functions re- lated to identifying producers and see k ing to provide assistance to such producers set forth in section 213A(e)(4)(B)(i) and (ii) of CBERA, as amended (122 Stat. 2306; 19 U.S.C. 2703a(e)(4)(B)(i), (ii)). 7. In Presidential Proclamation 8272 of J une 30, 2008, I waived, pursu- ant to section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)), the ap- plication of the competitive need limitations in section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)) with respect to certain articles

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